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]|IA?[(TAL OF PARLIAMENTARY PRACTICE. 


RULES 


OP 


r 


ROCEEDING AND DEBATE 


IK 


DELIBEKATIVE ASSEMBLIES. 


i 


BY LUTHER S! tUSHlUU. 

- - 


:iTH ADDITIONAL NOTES BY THE PUBLISHER 

INCLUDING 

THE CONSTITUTION OF THE UNITED STATES 

AND 

THE DECLARATION OF INDEPENDENT^ 
EDITION. 


NEW YORK: 
EXCELSIOR PUBLISHING HOUSE 
29 AND 3i 13EEK.MAN STREET. 








Copyright, 1888 , 

WM. L. ALL19088. 


By Transfer 

D. C. Public Libr^ 

APB * - '’®®® 


o F5\5 

.Cat 

PUBLISHER’S ADVERTISEMENT, 

jp 

This new edition of Cushing^s Parliamentarij 
Manual has been put in type from a copy of the 
original edition, (now out of copyright), and is iden¬ 
tical in matter with the present Boston edition, ex¬ 
cepting three or four pages of comments by the 
author’s brother, which do not modify the text, nor 
present any new rule of proceeding or debate. The 
Manual was so thorough and complete, as it came 
from the hands of its author, that any attempt to 
revise it in conformity with arbitrary statutes, or 
rules made for a particular purpose, but having no 
universal application to parliamentary law, would 
be not only presumptuous, but lead to confusioiu 
.The additional notes, however, which are enclosed 
in brackets, will be found useful, and will make this 
edition more valuable than any other. Several topics 
* and new forms not treated by Mr. Cushing have 
t>6en iirtroduced. 









4 


CUSHING’S PARLIAMENTARY MANUAL. 


NOTES TO THE FIFTH EDITION. 


Closure (Fr. cloture ).—This is a “ vote of urgency ” 
to close a debate. It is to all intents and purposes the 
“ previous question ” of American parliamentary law. 
The motion is that “ the question be now put,” and it 
can be carried by a majority of 100, with the approval 
of the Speaker. (222.) The Speaker may decide that the 
question has not been sufficiently debated, and refuse to 
apply the closure, at his pleasure. Under the second 
ride of procedure in the Commons, adopted under Mr. 
Grladstone’s direction, only the Speaker could demand 
the closure. This has been amended so as to transfer 
the power from the Speaker to any member of the 
house.—The Speaker is allowed to propose, at his dis¬ 
cretion, the previous question rule, that “the question 
shall be put,” but the division cannot be taken without 
the consent of 200 members, or with the opposition of 
40 members, when more than 100 favor it. These 
numerical limitations paralyze the operation of the 
“previous question,” which is seldom called for in the 
Commons. Obstruction is almost as easy under the 
amended as it was under the old rules, and debates are 
as interminable as ever. This is likewise the case in 
our own House of Representatives. Debates over 
childish points of order were never more prolonged than 
during the last session (1888-89) of the Fiftieth Con- 
gress. Motions for the previous question, to call the 
roll, to take the yeas and nays, and to adjourn, etc., 
almost superseded all other business during the first 
month of the session. Never was a more ridiculous 
spectacle presented of the puerile spirit of the House, 
and of the impotence of respectable parliamentarians to 
check filibustering. Thus, on January 11th, a whole 
session was consumed over Clause 5 of Rule XYI., in 
an attempt to check business by a motion for adjourn¬ 
ment. The rule is as follows 








cushin'g’s parliamentary manual. 


5 


“ A motion to fix the day to which the House shall adjouru, a 
motion to adjourn, and to take a recess, shall always be in or^r, 
and the hour at which the House adjourns shall be entered on 
the journal.” 

Gen. Weaver: “Always in order” is the language of the 
rule. 

The Speaker : But the House, in the judgment of the Chair, 
can transact no business until its journal has been read. It has 
been held again and again that an order of the House fl-xing 
the day to which the House shall adjourn, or to take a re¬ 
cess, is the transaction of business, and requires the presence 
of a quorum. 

Gen. vVeaver : Let the journal be read. 

When the laughter had subsided, the Clerk began to read 
the journal. He had hardly begun before the General made 
the point of order that it must be read in extenso. including 
the yeas and nays. The Clerk has been in the habit of omit¬ 
ting them. The Speaker decided that he must read the yeas 
and nays. The Clerk picked up the Congressional Record for 
the purpose of reading them, when Gen Weaver made the 
point ttiat he must read them from the journal and not from 
the Record. At this the Clerk began to read them from the 
tally sheet. The General promptly fired off another point of 
order. It was that they must oe read from the journal and 
not from the tally sheet Mr. Randall suggested that the 
tally sheet was a part of the journal, and the Speaker so de¬ 
cided. When the Clerk finished, Gen. Weaver moved that 
when the House adjourn it be until Monday. 

Similar difficult'es are encountered in the British 
Parliament, and the rules have been amended so as to 
curtail the privilege of moving the adjournment. The 
Speaker’s consent must be obtained lo the motion, after 
a written application has been handed in. As in the 
case of closure, this is obviously too large a discretionary 
power to be lodged in the Chair, The great restorative 
change that is requirfd is one that will multiply means 
of action, through the medium of standing committees. 
This is the most effective way of transacting business 
in our own Congress. The vital difference between the 
bulwarks for the protection of minorities in the British 
House of Commons and in the American Congress is 
the longevity of the former body. It is elected for 
seven years, and an appeal to the voters against the 
tyranny of majorities, may be postponed for that period. 
Our House is elected for two years only, and I he rights 



6 


CUSHING’S PARLIAMENTARY MANUAL. 


of minorities are buttressed by wall after wall of guar* 
antees iu the Senate, the Executive, the Constitution, I 
both Federal and State, and the Supreme Court. (See | 
Sections 174, 220, 221, 222, of this Manual.) 


Power of the House over the Journal.— Several 
torrespondents have inquired : “ When the proceedings 
Df the previous meeting are under consideration for 
adoption, is it legal to alter any of the proceedings of 
that meeting ?” If it is claimed by a member that there 
is an error in the minutes, and lie moves an amend¬ 
ment, and the motion is seconded, the Chair shall put 
the motion to the assembly. If the motion is sustained, 
the Secretary must alter the minutes, read the m to the 
assembly and have them approved. After approval, no 
succeeding assembly can legally or fairly alter them. 
As Daniel Webster maintained, in his remarks in the 
Senate of the United States, January 16, 1837, on the 
Kxpunging Resolution: “ Senators from other States 
hive no power or authority to expunge any vote or 
votes which we have given here, and which we have 
recorded agreeably to the express provision of the Con¬ 
stitution, that ‘Each house shall keep a journal of its 
proceedings.’ If the Senate may expunge one part of 
the Journal of a former session, it may expunge the 
whole of the record of one session or all sessions.” 
The same rule applies to the journal of every delibera¬ 
tive body. (See Sections 26, 33, 56, 78, 92, 94, 111, 113, 
161, 254, 256, 257, for analagous proceedings). But 
the privilege of correcting the journal is often exercised 
by deliberative bodies. Thus, in the House of Rep¬ 
resentatives, December 11th, 1888, Mr. Hatch, of 
Missouri, asked unanimous consent for the consideration 
of a motion for the corredion of the journal, which 
failed to give the title- and number of his bill for the 
creation of the Department of Agriculture, though tlie 
number and title appeared in the notes from which 
the journal was compiled. The House then voted to 
make the correction. 





TABLE OF CONTENTS 


INTRODUCTION.. ! to 15 

CHAPTER I.—Of CERTAIN Preliiviinary Matters,.. 161025 

Sect. I. Quorum. 17 to tg 

Sect. II. Rules and Orders,. 201022 

Sect. HI. Time of Meeting,. 23 

Sect. IV. Principle of Decision,. 24,25 

CHAPTER II,—Of the Officers, . 26 to 35 

Sect. I. Tlie Presiding Officer,.. ... 27 to 30 

Sect. II. The Recording Officer,. 31 to 35 

CHAPTER III.—Of the Rights and Duties of 

Members,. 361042 

CHAPTER IV.—Of the Introduction of Business,.. 43 to 58 

CHAPTER V.—Of Motions in General, . 59 to 61 

CHAPTER VI.—Of Motions to Suppress, .62 to 67 

Sect. I. Previous Question,. 631066 

Sect. II. Indefinite Postponement,.. 67 

CHAPTER VII.—Of Motions to Postpone, .68 to 72 

CHAPTER VIII.—Of Motions to Commit, . 73 to 77 

CHAPTER IX.—Of Motions to Amend . 78 to 133 

Sect. I. Division of a Question, . ?9 to 83 

Sect. IT. Filling Blanks,.•.*.•••• ^4 to 87 

Sect. HI. Addition — Separation — Transposition, 88 to 91 

Sect IV. Modification, &c. by the Mover,. 92, 93 

Sect. V General Rules relating to Amendments, 9410102 

I Sect VI. Amendments, by striking out.10310112 

Sect, VII. Amendments, by inserting,...113 to 121 

Sect. VIII Amendments, by striking out and in. 

serting,... to 127 

Sect IX. Amendments, changing the nature of a 

question,...128 to *33 




























12 TABLE OF C^ONTENTS. 

CHAPTER X.—Of the Order and Succession of 

Business, .. to 187 

Sect. I. Privileged Questions,.13610149 

Adjournment, ...137 to 140 

Questibtts of Privilege .. .141 

Orders of the Day, ...142 to 149 

Sect. II. Incidental Questions.'.150 to 165 

Qiiestions of Order, .151 to 154 

■ Reading of Papers, . ..>55 to 160 

IVithdra^val of a Motion ,.-.. *.i6x to 162 

Suspension of a Rule, .163 to 164 

A mendment of A merJi^ t, .165 

Sec”"-. III. Subsidiary Questions,.166 to 187 

. Lie on the Tab^, ...17110173 

Prez’ious Question, .174 to 175 

Postponement, ...176 to 180 

Commitment, .181 to 193 

A mendment, .184 to 187 

CHAPTER XL—Of the Order ok Proceeding,.... 188 to 200 

CHAPTER XII—Of Order in Debate,.201 10232 

Sect. I. As to the Manner of Speaking.203 to 208 

Sect. II. As to the Matter in Speaking,.209 to 214 

Sect. hi. As to Times of Speaking.215 to 219 

Sect. IV. As to Stopping Debate,.220 to 222 

Sect. V. As to Decorum in Debate.223 to 226 

Sect. VI. As to Disorderly Words,.227 to 232 

CHAPTER XIII.—Of the Question,.233 10249 

CHAPTER XIV.—Of Reconsideration,.25010257 

CHAPTER XV.—Of Committees, .258 to 311 

Sect. I. Their Nature and Functions,.258 to 262 

Sect. II. Their Appointment, .263 to 272 

Sect. III. Their Organization, &c.273 to 285 

Sect. IV. Their Report,. 28610296 

Sect. V. Committee of the Whole,.297 10311 

CONCLUDING REMARKS,.312 to 316 

CONSTITUTION OF THE UNITED STATES. 193 

DECLARATION OF INDEPENDENCE.220 




































PARLIAMENTARY PRACTICE. 


INTRODITCTION. 

1. The purposes, whatever they may be, 
for which a deliberative assembly of any kind 
is constituted, can only be effected by ascer¬ 
taining the sense or will of the assembly, in 
reference to the several subjects submitted to 
it, and by embodying that sense or will in an 
intelligible, authentic, and authoritative form. 
To do this, it is necessary, in the first place, 
that the assembly should be promptly consti¬ 
tuted and organized ; and, secondly, that it 
should conduct its proceedings according to 
certain rules, and agreeably to certain forms, 
which experience has shown to be the best 
adapted to the purpose. 

2. Some deliberative assemblies, especially 
those which consist of permanently established 
bodies, such as municipal and other corpora¬ 
tions, are usually constituted and organized, 
at least, in part, in virtue of certain legal pro- 




14 


PARLIAMENTARY PRACTICE. 


visions ; while others, of an occasional or 
temporary character, such as conventions and 
political meetings, constitute and organize 
themselves on their assembling together for 
the purposes of their appointment. 

3. The most usual and convenient mode 
of organizing a deliberative assembly is the 
following :— The members being assembled 
together, in the place, and at the time ap¬ 
pointed for their meeting, one of them ad¬ 
dressing himself to the others, requests them 
to come to order; the members thereupon 
seating themselves, and giving their attention 
to him, he suggests the propriety and necessity 
of their being organized, before proceeding to 
business, and requests the members to nomi¬ 
nate some person to act as chairman of the 
meeting; a name or names being thereupon 
mentioned, he declares that such a person 
(whose name was first heard by him) is 
nominated for chairman, and puts a question 
that the person so named be requested to take 
the chair If this question should be decided 
in the negative, another nomination is then to 
be called for, and a question put upon the name 
mentioned (being that of some other person) 
as before, and so on until a choice is effected. 


OKGAXIZATION. 


la 

When a chairman is elected, he takes the 
chair, and proceeds in the same manner to 
complete the organization of the assembly, 
by the choice of a secretary and such other 
officers, if any, as may be deemed necessary. 

4. An organization, thus effected, may be, 
and frequently is, sufficient for all the purposes- 
of the meeting ; but if, for any reason, it is 
d.esired to have a greater number of officers, 
or to have them selected with more delibera¬ 
tion, it is the practice to organize temporarily, 
in the manner above mentioned, and then to 
refer the subject of a permanent organization, 
and the selection of persons to be nominated 
for the several offices, to a committee; upon 
whose report, the meeting proceeds to organize 
itself, conformably thereto, or in such other 
manner as it thinks proper. 

[The presiding officer is called the “speaker” 
in Congress, and in the lower branches of all 
our State legislatures, as well as in a few State 
Senates. In the majority of State Senates 
as well as in the U. S. Senate, he is deno. 
minated the President. In both Houses of 
the English Parliament he is called Speaker ; 
the Lord Chancellor is S])eaker of the House 
of Lords;; the Commons elect their own 


16 PARLIAMEXTAIcr PRACTICE. 

Speaker, whose election, on the following day, 
must he approved by the Lord Chancellor, 
(representing the crown) in the House of 
Lords. The presiding officer is figuratively 
denominated the chair in deliberative as¬ 
semblies. The chairman of a town meeting, 
and of religious bodies, is frequently called the 
Moderator —E d .] 

5. The presiding officer is usually denomi¬ 
nated presideyit^ and the recording officer, 
the secretary; though, sometimes, these officers 
are designated, respectively, as the chairman 
and clerh. It is not unusual, besides a presi¬ 
dent, to have one or more vice-presidents; who 
take the chair, occasionally, in the absence of 
the president from the assembly, or when he 
withdraws from the chair to take part in the 
proceedings as a member; but who, at other 
times, though occupying seats with the presi¬ 
dent, act merely as members. It is frequently 
the case, also, that several- persons are ap¬ 
pointed secretaries, in which case, the .first 
named is considered as the principal officer. 
All the officers are, ordinarily, members of the 
assembly* ; and, as such, entitled to participate 

* III legislative bodies, the clerk is seldom or never a 
member; and, in some, the presiding officer is not a mem¬ 
ber ; as, for example, in the Senate of the United States, 
the Senate of New York, and in some other State senates. 



ORGANIZATIOX. 


17 


in the proceedings ; except that the presiding 
officer does not usually engage in the debate, 
and votes only when the assembly is equally 
divided. 

[The Yice-Presiaent of the United States 
is, by Constitutional provision. President of 
the Senate of U.S. In the event of his death, 
absence, or of the office of President of the 
United States devolving upon him, the Senate 
may elect a President j[)ro tempore. In the 
British House of Commons, the Clerk is ap¬ 
pointed by the Crown. The Speaker elected 
by the House at the instance of, and to be ap¬ 
proved by the Crown, {vide note^ Par. 4), does 
not take part in a debate, offer his opinion, 
or vote except in case of equality, when he 
has a casting vote. The Lord Chancellor, by 
virtue of his office, is Speaker of the Lords, 
and in his absence, the Chairman of the Com¬ 
mittee of Ways and Means takes the Chair (as 
he does also in the Commons, in the Speaker’s 
absence). The Speaker is not, as in the Lower 
House, charged with the maintenance of order, 
or the decision of who is to be heard, which 
rests with the House itself. He can take part 
in a debate ; he votes on divisions, but has no 
casting vote, and on an equality, the “ Non- 
contents,” or Nays, prevail.— Ed.] 


FakLIAMEXTARY practice. 


6. In all deliberative assemblies, the mem¬ 
bers of which are chosen or appointed to rep¬ 
resent others, it is necessary, before proceed¬ 
ing to business, to ascertain who are duly 
elected and returned as members ; in order not 
only that no person may be admitted to parti¬ 
cipate in the proceedings who is not regularly 
authorized to do so, but also that a list of the 
members may be made for the use of the 
assembly and its officers. 

7. The proper time for this investigation is 
after the temporary and before the perma¬ 
nent organization; or, when the assembly is 
permanently organized, in the first instance, 
before it proceeds to the transaction of any 
other business; and the most convenient mode 
of conducting it is by the appointment of a 
committee, to receive and report upon the cre¬ 
dentials of the members. The same commit¬ 
tee may also be charged Avith the investiga¬ 
tion of rival claims, where any such are pre¬ 
sented. 

8. When a question arises, involving the 
right of a member to his seat, such member is 
entitled to be heard on the question, and he is 
then to withdraw from the assembly until it is 
decided ; but if, by the indulgence of the as- 


EULES OP PEOCEEDING. 


19 


sembly, he remains in his place, during the 
discussion, he ought neither to take any fur¬ 
ther part in it, nor to vote when the question 
is proposed; it being a fundamental rule of all 
deliberative assemblies, that those members, 
whose rights as such are not yet set aside, 
constitute a judicial tribunal to decide upon 
the cases of those whose rights of membership 
are called in question.* Care should always: 
be taken, therefore, in the selection of the 
officers, and in the appointment of commit¬ 
tees, to name only those persons whose rights 
as members are not objected to. [* “ Each 
house shall be judge of the elections, returns 
and qualifications of its own members.”—Sec. 
5, (1) Constitution of the United States.] 

9. The place where an assembly is held 
being in its possession, and rightfully appro¬ 
priated to its use, no person is entitled to be 
})resent therein, but by the consent of the 
assembly; and, consequently, if any person 
refuse to withdraw, when ordered to do so, or 
conduct himself in a disorderly or improper 
manner, the assembly may unquestionably 
employ sufficient force to remove such person 
from the meeting. [ YidePar. 316.] 

10. Every deliberative assembly, by the 


20 


PAELIAME•^'TAEY PRACTICE. 


mere fact of its being assembled and consti¬ 
tuted, does thereby necessarily adopt and be¬ 
come subject to those rules and forms of pro¬ 
ceeding, without which it would be impossi¬ 
ble for it to accomplish the purposes of its 
creation.* It is perfectly competent, however, 
for every such body—and where the business 
is of considerable interest and importance, or 
likely to require some time for its accomplish¬ 
ment, it is not unusual—to adopt also certain 
special rules for the regulation of its proceed¬ 
ings. Where this is the case, these latter 
supersede the ordinary parliamentary rules, in 
reference to all points to which they relate; 
or add to them in those particulars in refer¬ 
ence to which there is no parliamentary rule ; 
leaving what may be called the common par¬ 
liamentary law in full force in all other re¬ 
spects. 

[*In England, one Pi^iliament can bind iu 
successors by “ Standing Orders,” or regula- 
lations, adopted at different periods, relating 
to internal order, introduction of bills and 
promulgation of statutes. A standing order 
endures until repealed, (or “ vacated,” as it is 
called in the Upper House); but each House 
is also in ti’e practice of agreeing to certain 


RULES OF PROCEEDING. 


21 


orders or resolutions of uncertain duration 
declaratory of its practice, which are consider¬ 
ed less formally binding than standing orders. 

In the United States, on the contrary, each 
deliberative body adopts its own rules, and 
these, except precedents^ (which necessarily 
exercise a great moral force), are not binding 
on its successors, or on any other assembly. 
But all recognise the binding force of general 
parliamentary law,without which every numer¬ 
ous assembly would become a mob,—no sys¬ 
tematic business could be transacted and no¬ 
useful legislation would be possible.— Ed.] 

11. The rules of parliamentary proceed¬ 
ings in this country are derived from, and es¬ 
sentially the same with, those of the British 
parlia,ment; though, in order to adapt these 
rules to the circumstances and wants of our 
legislative assemblies, they have, in some few 
respects, been changed,—in others, differently 
applied,— and in others, again, extended be¬ 
yond their original intention. To these rules, 
each legislative assembly is accustomed to add 
a code of its own, by which, in conjunction 
with the former, its proceedings are regulated. 
The rules, thus adopted by the several legis¬ 
lative assemblies, having been renewed in sue- 


22 


PARLIAMEXTAKY PRACTICE, 


cessive legislatures,—with such extensions, 
modifications and additions as have been from 
time to time, thought necessary,—the result 
is, that a system of parliamentary rules has 
been established in each state, different in 
some particulars from tliose of every other 
state, but yet founded in and embracing all the 
essential rules of the common ])arliame’'tary 
law. 

12. The rules of proceeding, in each state, 
being of course best known by tlie citizens of 
that state, it has sometimes liappened in de¬ 
liberative assemblies, that the ju-oceedings 
have been conducted not merelv accordino- to 
the general parliamentary law, but also in con¬ 
formity with the peculiar system of the state 
in which the assembly was sitting, or of whose 
citizens it was composed. This, however, is 
erroneous; as no occasional assembly can ever 
be subject to any other rules, than those which 
are of general application, or which it sped 
ally adopts for its own government; and the 
rules adopted and practised upon by a legisla¬ 
tive assembly do not thereby acquire the 
character of general laws. [Par. 10, 7iote.~\ 

13. The judgment, opinion, sense, or will 
of a deliberative assembly is expressed, accord 


RULES OF PROCEEDING. 


23 


ing to the nature of the subject, either by a 
resolution, order, or vote. When it com¬ 
mands, it is by an order; but facts, principles, 
its own opinions, or purposes, are most proper¬ 
ly expressed in the form of a resolution j the 
term vote may be applied to the result of 
•every question decided by the assembly. In 
whatever form, however, a question is propos¬ 
ed, or by whatever name it may be called, the 
mode of proceeding is the same. 

14. The judgment or will of any number 
of persons, considered as an aggregate body, 
is that which is evidenced by the consent or 
agreement of the greater number of them; 
and the only mode by which this can be as¬ 
certained, in reference to any particular sub¬ 
ject, is for some one of them to begin by sub¬ 
mitting to the others a proposition, expressed 
in such a form of w'ords, that, if assented to by 
the requisite number, it will puiqDort to ex¬ 
press the judgment or will of the assembly. 
This proposition will then form a basis for the 
further proceedings of the assembly; to be as¬ 
sented to, rejected, or modified, according as 
it expresses or not, or maybe made to express 
the sense of a majority of the members. The 
<different proceedings which take place, from 


54 


T» *^TTA>fT!y TAET PRaCTICK. 


the first submission of a proposition, through 
all the changes it may undergo, until the final 
decision of the assembly upon it, constitute 
the subject of the rules of debate and proceed¬ 
ing in deliberative assemblies. 

15. If the proceedings of a deliberative as¬ 
sembly were confined to the making of propo¬ 
sitions by the individual members, and their 
acceptance or rejection by the votes of the 
assembly, there would be very little occasion 
for rules in such a body But this is not the 
case. The functions of the members are not 
limited to giving an affirmative or negative 
to such questions as are proposed to them. 
When a proposition is made, if it be not agreed 
to or rejected at once, the assembly may be 
unwilling to consider and act upon it at all ; 
or it may wish to postpone the consideration 
of the subject to a future time; or it mav be 
willing to adopt the proposition with certain 
modifications; or, lastly, approving the subject- 
matter, but finding it presented in so crude^ 
imperfect, or objectionable a form, that it can¬ 
not in that state be considered at all, the as¬ 
sembly may desire to have the proposition 
further examined and digested, before being 
presented. In order to enable the assembly 



Making of propositions. 


25 


to take whichever of the courses above indi¬ 
cated it may think proper, and then to dispose 
of every proposition in a suitable manner, cer¬ 
tain motions or forms of question have been 
invented, which are perfectly adapted for the 
purpose, and are in common use in all de¬ 
liberative assemblies. 


26 


PARLIAMENTARY PRACTICE, 


CHAPTER I. 

OF CERTAIN PRELIMINARY MATTERS. 

16. Before entering upon the subject of the 
forms and rules of proceeding, in tlie trans¬ 
action of business, it will be convenient to 
consider certain matters of a preliminary 
nature, which are more or less essential to 
the regularity, desj)atch, and efficiency of the 
proceedings. 

Section I. Quorum. * 

[* “ The term quorum (literally, of whom) 
is one of the words used in England in the 
Latin form of the commission to justices cl 
the peace. The part of the document 
wherein the word occurs reads thus ; ‘ We 
have assigned you, and every two or more of 
you, quorum aliquem vestrum. A, B, C, D, 
etc., unum esse volumus, —i. e., of whom we 
will that any one of you. A, B or C, etc., 
shall be one.’ This made it necessary that 
certain individuals, who, in the language of 
the commission, were said to be of the 






QUORUM. 


27 


quorum^ should be present during the trans¬ 
action of business.”— JBlachston^s Comment 
taries^ I. 352.] 

17. In all councils, and other collective 
bodies of the same kind, it is necessary, that 
a certain number, called a quorum, of the 
members, should meet and be present, in order 
to tlie transaction of business. This regula¬ 
tion has been deemed essential to secure fair¬ 
ness of proceeding; and to prevent matters 
from being concluded in a hasty manner, or 
agreed to by so small a number of the mem¬ 
bers, as not to command a due and proper 
respect. 

18. The number necessary to constitute a 
quorum of any assembly may be fixed by law, 
as is the case with most of our legislative as¬ 
semblies ; or by usage, as in the English 
House of Commons [where forty constitute a 
quorum ; in the House of Lords, three] ; or it 
may be fixed by the assembly itself; but if 
no rule is established on the subject, in any 
of these ways, a majority of the members 
composing the assembly is the requisite num¬ 
ber. 

19. iNTo business can regularly be entered 
upon until a quorum is present; nor can 


28 PARLIAMENTARY PRACTICE. 

any business be regularly proceeded with 
when it appears that the members present are 
reduced below that number; consequently, 
the presiding officer ought not to take the 
chair until the proper number is ascertained 
to be present; and if, at any time, in the 
course of the proceedings, notice is taken that 
a quorum is not present, and, upon the mem¬ 
bers being counted by the presiding officer, 
such appears to be the fact, the assembly 
must be immediately adjourned. [See Yeas 
and Nays, Par. 26.] 

Sect. II. Rules and Orders. 

20. Every deliberative assembly, as has 
already been observed, is, by the fact alone 
of its existence, subject to those rules of pro¬ 
ceeding, without which it could not accom¬ 
plish the purposes of its creation. It may 
also provide rules for itself, either in the form 
of a general code established beforehand, oi 
by the adoption, from time to time, during its 
sitting, of such special rules as it may find 
necessary. 

21. When a code of rules is adopted before¬ 
hand, it is usual also to provide therein as to 
the mode in which they may be amended, re- 



TIME OF MEETING. 


29 


pealed, or dispensed with. Where there is 
"no such provision, it will be competent for 
the assembly to act at any time, and in the 
usual manner, upon questions of amendment 
or repeal; but in reference to dispensing with 
a rule, or suspending it, in a particular case, 
if there is no express provision on the subject, 
it seems that it can only be done by general 
consent. [A motion to suspend the rules is 
not de batab le.!—E d. 

22. When any of the rules, adopted by the 
assembly, or in force, relative to its manner of 
proceeding, is disregarded or infringed, every 
m'ember has the right to take notice thereof 
and to require that the presiding officer, or 
any other whose duty it is, shall carry such 
rule into execution ; and, in that case, the 
rule must be enforced, at once, without de¬ 
bate or delay. It is then too late to alter, re¬ 
peal, or suspend the rule ; so long as any one 
member insists upon its execution, it must be 
enforced. 

Sect. III. Time of Meeting. 

23. Every assembly, which is not likely to 
finish its business at one sitting, will find it 
convenient to come to some order or resolu- 



PARLIAMENTARY PRACTICE. 


tion beforehand, as to the time of reassem¬ 
bling, after an adjournment; being gener¬ 
ally embarrassing to fix upon the hour for 
this purpose, at the time when the sitting is 
about to close, and in connection with the 
motion to adjourn. 

Sect. IV. Principle of Decision. 

24. The principle, upon which the deci¬ 
sions of all aggregate bodies, suoh as councils, 
corporations, and deliberative assemblies, are 
made, is that of the majority of votes or 
suffrages; and this rule holds not only in 
reference to questions and subjects, which 
admit only of an affirmative on one side, and 
a negative on the other, but also in reference 
to elections in which more than two persons 
may receive the suffrages. 

25. But this rule may be controlled by a 
special rule in reference to some particular 
subject or question; by which any less num¬ 
ber than a majority may be admitted, or any 
greater number required to express the will 
of the assembly. Thus, it is frequently pro- 
Tided, in legislative assemblies, that one-third 
or one-fourth only of the members shall be 
sufficient to require the taking of a question 



PRINCIPLE OF DECISION. 


31 


by yeas and nays,* and, on the other hand^ 
that no alteration shall take place in any of 
the rules and orders, without the consent of 
at least two-thirds, or even a larger number. 

[* The “ Yeas and Nays ” is a mode of ex¬ 
posing to their constituents the votes of mem¬ 
bers of representative bodies whicli is peculiar 
to the United States ; it is not practised in 
the English parliament and other transatlaiitia 
legislatures; and here its use is confined 
almost exclusively to such bodies. 

One of the standing rules of the Senate is^ 
as follows, viz. : 

“ When the yeas and nays shall be called for by one-fifth 
of the Senators present, each Senator called upon shall, 
unless for special reasons he be excused by the Senate, 
declare openly and without debate his assent or dissent to 
the question. In taking the yeas and nays, and upon a 
call of the Senate, tlie names of the Senators shall bo 
called alphabetically.” 

lint there is no rule or precedent to guide the Senate aa 
to what they may do if a Senator refuses to vote. Sup¬ 
pose lie is called again and again, and still contumaciou.sly 
stands out and refuses to vote, and is able to defeat a quo¬ 
rum by that course, what is the Sepate to do, or what can 
it do? There is no time to pass a law or make a new 
rule—no power to expel or punish the refractory member. 

Thus it is sometimes impracticable to se-. 
cure a quorum by an attempt to enforce this, 
rule, as appears in tlie proceedings of the sen¬ 
ate February 23, 1871 :— 

At 10 P. M., Mr. Conkling, late as it was, moved that 
the Senate jiroceed to the consideration of House Rill No, 
2,034, which was a bill to amend the act passed May 31^ 


PARLIAMENTARY PRACTICE. 




1870, entitled “ An act to enforce the rights of citizens of 
the United States to vote in the several States of this 
Union and for other purposes,” known generally as the 

Force bill.” This motion was resisted vigorously by the 
Democrats present, of whom, out of a total of eleven in 
the body, only four were then in their seats, viz. : Messrs. 
Bayard, Casserly, Johnston, and Thurman. 

There were not Republicans enough in the chamber to 
constitute a quorum, and when the vote on taking up the 
bill was taken, the four Democrats sat in their seats, 
and, with a view to defeat the consideration of the bill, 
refrained from voting. When the vote was announced 
the presiding officer (Mr. Carpenter) stated that there was 
not a quorum voting—the number falling short by two. 

The yeas and nays were called for and ordered, and the 
roll called, and then Mr. Conkling said: “ I call the atten¬ 
tion of the Senate and of the Chair to the rule which im¬ 
poses upon Senators present the obligation of voting, and 
in that connection I call attention to the fact that the hon- • 
orable Senator from Ohio (Mr. Thurman), the honorable 
Senator from California (Mr. Casserly), the honorable 
Senator from Delaware (Mr. Bayard), and the honorable 
Senator from Virginia (Mr. Johnston), all being now in 
their seats, according to my hearing of the roll call, have 
not voted, although their names have been called. 

Mr. Thurman then asked Mr. Conkling what he was 
going to do about it. 

Thereupon Mr. Conkling moved that the names of the 
four Senators who refused to vote be called again, and it 
was so ordered. The name of Mr. Bayard came first, and 
when it was called he arose and said : 

i\Ir. President, is it the ruling of the Chair that I, 
under the rules of the Senate, am compelled to vote one 
way or the other in this case? I desire to be excused 
from voting on this question.” 

The Presiding Officer—The Chair is of opinion that the 
Senator from Delaware is too late to ask to be excused, 
and that it was his duty to vote under the rule, and after 
some debate his name was called once more and he voted 

Nay.” 

The Clerk then proceeded to a regular call of the list, 
when Mr. Conkling interposed and directed him to call 
only the four to whom attention had been called. 

IM*' Casserly said that as Mr. Bayard’s request to be ex- 
lused had been denied lie would not ask it. 


OF THE OFFICERS. 


33 


The Presiding Officer—Does the Senator from California 
•vote on this question either way? 

Mr. Casserly made no reply. 

Mr. Johnston said that as it was decided that a Sen¬ 
ator being in his jJace should vote when called he would 

do so, and tluen went on to say : “ At the same time-” 

when the Cliair interposed and said debate was not in or¬ 
der. Then Mr. Jolinston voted “ Nay.” 

The clerk then called the name of Mr. Thurman, and 
there was no response, though he was in his seat. 

There .still being no quorum voting, a motion was made 
that the sergeant-at-arms bring in the absentees. But 
several Republican Senators came in just then and made 
a quorum, and carried the motion to take up the bill. But 
whether a Senator can be made to vote, if he persistently 
refuses, and how to make liim, are still unsolved problems. 


CHAPTER II. 

OF THE OFFICERS. 

26. The usual and necessary officers of a 
deliberative assembly are those already men¬ 
tioned, namely, a presiding, and a recording, 
officer ; both of whom are elected or appointed 
by the assembly itself, and removable at its 
pleasure. These officers are always to be 
elected by absolute majorities, eve7i in those \ 
states in which elections are usually effected 
by a plurality for the reason, that, being re¬ 
movable at the pleasure of the assembly, if 
any number short of a majority were to elect, 



34 


PARLIAMENTARY PRACTICE. 


a person elected by any snch less number 
would not be able to retain his office for a 
moment; inasmuch as he might be instantly" 
removed therefrom, on a question made for 
that purpose, by the votes of those who had 
voted for other persons on the election ; and 
it is essential to the due and satisfactory per¬ 
formance of the functions of these officers, 
tliat they should possess the confidence of the 
assembly, which they cannot be said to do, 
unless they have the suffrages of at least a 
majority. 

[* In this sentence, which we have itali¬ 
cized, the author evidently means that the 
practice of electing officers by a plurality does 
not work well, nor promote harmony in the 
assembly adopting it, in conformity with a 
special law, or by its own vote. In a factious 
assembly, dominated by party spirit, it is 
sometimes a tedious work to secure a majority 
for the election of Speaker, and its organization 
is thereby seriously delayed. But a candidate 
sufficiently popular to secure a majority of 
the votes, and to retain the respect of mem¬ 
bers, should, if possible, be nominated and 
elected irrespective of partisan considerations, 
as president of every deliberative body.— Ed.'J 


THE PRESIDING OFFICER. 


35 


Sect. I The Presiding Officer. 

27. The principal duties of this officer are 
the followin<T:— 

O 

To open the sitting, at the time to which 
the assembly is adjourned, by taking the chair 
and calling the members to order; 

To announce the business before the as¬ 
sembly in the order in which it is to be acted 
upon ; 

To receive and submit, in the proper man¬ 
ner, all motions and propositions presented by 
the members ; 

To put to vote all questions, which are 
regularly moved, or necessarily arise in the 
course of the proceedings, and to announce 
the result ; 

To restrain the members, when engaged in 
debate, within the rules of order ; 

To enforce on all occasions the observance 
of order and decorum among the members ; 

To receive all messages and other com¬ 
munications and announce them to the as¬ 
sembly ; 

To authenticate, by his signature, when 
necessary, all the acts, orders, and proceedings 
of the assembly ; 

To inform the assembly, when necessary, or 


36 


PARLIAMENT Aliy PRACTICE. 


when referred to for the purpose, in a point of 
order or practice ; 

To name the members (when directed to do 
so in a particular case, or when it is made a 
part of his general duty by a rule,) who are to 
serve on committees ; and, in general. 

To represent and stand for the assembly, 
declaring its will, and, in all things, obeying 
implicitly its commands. 

28. If the assembly is organized by the 
choice of a president, and vice-presidents, it ia 
the duty of one of the latter to take the chair, 
in case of the absence of the president from 
the assembly, or of his withdrawing from the 
chair for the purpose of participating in the 
proceedings. 

29. Where but one presiding officer is ap¬ 
pointed, in the first instance, his place can 
only be supplied, in case of his absence, by 
the appointment of a president or chairman 
pro tempore ; and, in the choice of this officer, 
who ought to be elected before any other 
business is done, it is the duty of the secre¬ 
tary to conduct the proceedings. 

30. The presiding officer may read sitting, 
but should rise to state a motion, or put a 
question to the assembly. 


SECRETARY OR CLERK. 


S7 


Sect. II. The Recording Officer. 

31. The principal duties of this officer con* 
sist in taking notes of all the proceedings, and 
in making true entries in his journal of all “ the 
things done and past ” in the assembly ; but 
he is not, in general, required to take miuates 
of “ particular men’s speeches,” or to make 
entries of things merely proposed or moved* 
without coming to a vote. He is to enter 
what is done and past, but not what is said 
or moved. This is the rule in legislative 
I assemblies. In others, though the spirit of 
the rule ought to be observed, it is generally- 
expected of the secretary, that his record shall 
be both a journal and in some sort a report of 
the proceedings. 

82. If is also the duty of the secretary to 
read all papers, &g., which may be ordered to 
be read ; to call the roll of the assembly, and 
take note of those who are absent, when a call 
is ordered ; to call the roll and note the an¬ 
swers of the members, when a question is 
taken by yeas and nays; to notify committees 
of their appointment and of the business re¬ 
ferred to them ; and to authenticate by his 
signature (sometimes alone and sometimei in 



38 


PARLIAMENTABY PRACTICE. 


conjunction with the president) all the acts, s' 
orders, and proceedings of the assembly. 

33. The clerk is also charged with the cus- j 
tody of all the papers and documents of every 
description, belonging to the assembly, as well 
as the journal of its proceedings, and is to let 
none of them be taken from the table by any 
member or other person, without the leave or 
order of the assembly. [The secretary, by the 
consent of a majority ascertained by motion, 
question, or vote, may enter the protests of ; 
members against any measure, and their 
reasons therefor, upon the journal. In some 
of the States, this right of members of legisla¬ 
tive bodies is secured and regulated by con¬ 
stitutional provision, but the right is admitted 
in all deliberative assemblies by rule, vote, or 
<'^^^^ise.—E d]. 

^^34. When but a single secretary or clerk 
is appointed, his place can only be supplied, 
during his absence, by the appointment of 
some one to act pro tempore. When several 
persons are appointed, this inconvenience is 
not likely to occur. 

35. The clerk should stand while reading or 
calling the assembly. 




DEPORTMENT OP MEMBERS, 




CHAPTER III. 

OP THE RIGHTS AND DUTIES OF THE MEMBEEte* 

36. The rights and duties of the members of 
a deliberative assembly, as regards one another, 
are founded in and derived from the principle 
of their absolute equality among themselves. 
Every member, however humble he may 
be, has the same right with every other, to sub¬ 
mit his propositions to the assembly,—to ex¬ 
plain and recommend them in discussion,—and 
to have them patiently examined and deliber¬ 
ately decided upon by the assembly; and, on 
the other hand, it is the duty of every one so 
to conduct himself, both in debate, and in his 
general deportment in the assembly, as not to 
obstruct any other member, in the enjoyment 
of his equal rights. .^The rights and duties of 
the members require to be explained only in 
reference to words spoken in debate (whether 
spoken of a member or otherwise) and to 
general deportment. The first will be most 
conveniently noticed in the chapter on debate; 
the other will be considered in this place. 


40 


PARLIAMENTARY PRACTICE. 


37. The observance of decorum, by the 
members of a deliberative assembly, is not 
only due to themselves and to one another, as 
gentlemen assembled together to deliberate 
on matters of common importance and interest, 
but is also essential to the regular and satis¬ 
factory proceeding of such an assembly. The . 
rules on this subject, though generally laid 
down with reference to decorum in debate, 
are equally applicable whether the assembly i 
be at the time engaged in debate, or not; and, | 
therefore, it may be stated, generally, that no I 
member is to disturb another, or the assembly 
itself, by hissing, coughing, or spitting ; by 
speaking or whispering to other members; by 
standing up to the interruption of others ; by 
passing between the presiding officer and a 
member speaking ; going across the assembly 
room, or walking up and down in it ; taking 
books or papers from the table, or writing 
there. 

38. All these breaches of decorum are 
doubtless aggravated by being committed 
while the assembly is engaged in debate, 
though equally contrary to the rules of pro- 
pnely, under any other circumstanees. As¬ 
saults, by one member up on another,—•thretits> i 



BREACHES OF DECORUM, 


41 


— challenges, — affrays, &c., are also high 
breaches of decorum. 

39. It is also a breach of decorum for a 
member to come into the assembly room with 
his head covered, or to remove from one place 
to another with his hat on, or to put his hat 
on in coming in or removing, or, until he has 
taken his seat ; and, in many assemblies, 
especially those which consist of a small 
number of members, it is not the custom to 
have the head covered at all. 

40. In all instances of irregular and dis¬ 
orderly deportment, it is competent for every 
member, and is the special duty of the pre¬ 
siding officer, to complain to the assembly, or 
to take notice of the offence, and call the at¬ 
tention of the assembly to it. When a com¬ 
plaint of this kind is made by the presiding 
officer, he is said to name the member offend¬ 
ing ; that is, he declares to the assembly, that 
such a member, calling him by name, is guilty 
of certain irregular or improper conduct. The 
member, who is thus charged with an offence 
against the assembly, is entitled to be heard 
in his place in exculpation, and is then to 
withdraw. Being withdrawn, the presiding 
officer states the offence committed, and the 


42 PARLIAMENTARY PRACTICE. 

assembly proceeds to consider of the degree 
and amount of punishment to be inflicted- 
The assembly may allow the member com¬ 
plained of to remain, when he offers to with¬ 
draw ; or, on the other hand, it may require 
him to withdraw, if he do not offer to do so of 
his own accord. The proceedings are similar, 
when the Complaint is made by a member, 
except that the offence is stated by such 
member, instead of being stated by the pre¬ 
siding officer. 

41. No member ought to be present in the 
assembly, when any matter or business con¬ 
cerning himself is debating; nor, if present, 
by the indulgence of the assembly, ought he 
to vote on any such question. Whether the 
matter in question concern his private interest, 
or relate to his conduct as a member,—as for a 
breach of order, or for matter arising in debate, 
—as soon as it is fairly before the assembly, 
the member is to be heard in exculpation and 
then to withdraw, until the matter is settled. 
If, notwithstanding, a member should remain 
in the assembly and vote, his vote may and 
ought to be disallowed ; it being contrary, not 
only to the laws of decency, but to the funda¬ 
mental principle of the social compact, that a 
man should sit and act as a judge in his own case. 


PUIfISHMEXT OF MEMBERS. 


4ii 

42. The only punishments, which can be in¬ 
flicted upon its members by a deliberative 
assembly of the kind now under consideration, 
consist of reprimanding,—exclusion from the 
assembly,—a prohibition to speak or vote, for 
a specified time,—and expulsion ; to which 
are to be added such other forms of punish¬ 
ment, as by apology, begging pardon, &c., as 
the assembly may see fit to impose, and to 
require the offender to submit to, '=»n pain of 
expulsion. 


CHAPTER IV. 

« 

OF THE INTRODUCTION^ OF BUSINESS. 

' 43. The proceedings of a deliberative as- 

I sembly, in reference to any particular subject, 
are ordinarily set in motion, in the first in¬ 
stance, by some one of the members either 
presenting a communication from persons not 
j members, or himself submitting a proposition 
i to the assembly. 

44. Communications made to the assembly 
are of two kinds, namely, those which are 
merely for its information in matters of fact, 






44 


PARLIAMENTARY PRACTICE. 


and those which contain a request for some 
action on the part of the assembly, either of a j, 
general nature, or for the benefit of an in- j 
dividual. The latter only, as they alone con¬ 
stitute a foundation for future proceedings, ) 
require to be noticed. 

45. Propositions made by members are ; 
drawn up and introduced, by motion, in the 
form which they are intended by the mover 
to bear, as orders, resolutions, or votes, if they 
should be adopted by the assembly. These 
propositions, of whatever nature they may be, 
are usually denominated motions, until they 
are adopted; they then take the name which 
properly belongs to them. 

46. When a member hfis occasion to make 
any communication whatever to the assembly, 
—whether to present a petition or other paper, 
or to make or second a motion of any kind, or 
merely to make a verbal statement,—as well 
as when one desires to address the assembly 
in debate, he must in the first place, as the 
expression is, “obtain the floor” for the pur¬ 
pose he has in view. In order to do this, he 
must rise in his place,* and, standing un- 

• In the house of representatives of Massachusetts, where 
each member’s seat is regularly assigned to him, and 



OBTAINING THE FLOOR. 45 

covered, address himself to the presiding 
officer, by his title; the latter, on hearing 
himself thus addressed, calls to the member by 
his name; and the member may then, but not 
before, proceed with his business. 

47. If two or more members rise and ad¬ 
dress themsefves to the presiding officer, at 
the same time, or nearly so, he should give 
the floor to the member, whose voice he first 
heard. If his decision should not be satisfac¬ 
tory, any member may call it in question, 
saying that in his opinion such a member (not 
the one named) was first up, and have the 
sense of the assembly taken thereon, as to 
which of the members should be heard. In 
this case, the question should be first taken 
upon the name of the member announced by 
the presiding officer; and, if this question 
should be decided in the negative, then upon 
the name of the member for whom the floor 
was claimed in opposition to him. 

48. The mode of proceeding upon such 
communications from persons not members, 
as are above alluded to, may be explained by 

numbered, it has been found useful, in deciding upon the 
claims of several competitors for tlie floor, to prefer one 
■wlio rises in his place, to a member who addresses the 
speaker from the area, the passagewav®. or the seat of any 
other member. 


46 PARLIAMENTARY PRACTICE. | 

that adopted on the presentation of a petition, | 
which may be considered as the representative j 
of the whole class to which it belongs. | 

49. A petition, in order to be received, ^ 
should be subscribed by the petitioner himself, j 
with his own hand, either by name or mark, 
except in case of inability from sickness, or 
because the petitioner is attending in person ; 
and should be presented or offered, not by the 
petitioner himself, but by some member to 
whom it is intrusted for that purpose. 

50. The member, who presents a petition, 
should previously have informed himself of 
its contents, so as to be able to state the sub¬ 
stance of it, on offering it to the assembly, 
and also to be prepared to say, if any question 
should be made, that in his judgment it is 
couched in proper language, and contains 
nothing intentionally disrespectful to the 
assembly. 

51. Being tiias prepared, the member rises 
in his place, with the petition in his hand, and 
informs the assembly that he has a certain 
petition, stating the substance of it, which he 
thereupon presents or offers to the assembly, 
and, at the same time moves (which, however, 
may be done by any other member) that it 



IPRESENTATION 9F a PETITION. 4 ’ 

t>e received ; this motitjn being seconded, the 
question is pu t whether the assembly will 
receive the petition or not. This is the regu¬ 
lar course of proceeding ; but, in practice there 
.is seldom any question made on receiving a 
petition ; the presiding officer usually taking 
it for granted, that there is no objection to 
the reception, unless it be stated. If, how¬ 
ever, any objection is made to a petition, before 
it has been otherwise disposed of, the presid¬ 
ing officer ought to retrace his steps and re¬ 
quire a motion of reception to be regularly 
made and seconded. 

52. If the question of reception is deter¬ 
mined in the affirmative, the petition is 
brought up to the table by the member pre¬ 
senting it; and is there read as of course by 
the clerk. It is then regularly before the 
assembly, to be dealt with as it thinks pro¬ 
per ; the usual course being either to proceed 
to consider the subject of it immediately, or 
to assign some future time for its considera¬ 
tion, or to order it to lie on the table for the 
examination and consideration of the members 
individually. 

63. Whenever a member introduces a pro¬ 
position of his own, for the consideration of 



48 


PARLIAMENTARY PRACTICE. 


the assembly, he puts it into the form he | 
desires it should have, and then moves that it 
be adopted as the resolution, order, or vote | 
of the assembly. If this proposition so far ^ 
meets the approbation of other members, that 
one of them rises in his place and seconds it, 
it may then be put to the question; and the 
result, whether affirmative or negative, becomes 
the judgment of the assembly. 

54. A motion must be submitted in writing ; 
otherwise the presiding officer will be justified 
in refusing to receive it; he may do so, how¬ 
ever, if he pleases, and is willing to take the 
trouble himself to reduce it to writing. This 
rule extends only to principal motions, which, 
wffien adopted, become the act and express 
the sense of the assembly ; but not to sub¬ 
sidiary or incidental motions* which merely 
enable the assembly to dispose of the former 
in the manner it desires, and which are always 
in the same form. In the case of a motion to 
amend, which is a subsidiary motion, the rule 
admits of an exception, so far as regards the 
insertion of additional words, which, as well 
as the principal motion, must be in writing. 

• Such as, to adjourn,—^lie on the table,—for the pro- 
question,—for postponement,—commitment, &c. 




MAKING A MOTION. 


49 


55. A motion must also be seconded, that 
is, approved by some one member, at least, ex¬ 
pressing his approval by rising and saying, 
that he seconds the motion ; and if a motion 
be not seconded, no notice whatever is to be 
taken of it by the presiding officer ; though, 
in practice, very many motions, particularly 
those which occur in the ordinary routine of 
business, are admitted without being seconded. 
This rule applies as well to subsidiary as prin¬ 
cipal motions. The seconding of a motion 
seems to be required, on the ground, that the 
time of the assembly ought not to be taken 
up by a question, which, for any thing that 
appears, has no one in its favor but the mover. 
There are some apparent exceptions to this 
rule, which will be stated hereafter, in those 
cases, in which one member alone has the 
right of instituting or giving direction to a 
particular proceeding; and an actual exception 
is sometimes made by a special rule, requiring 
certain motions to be seconded by more than 
one member. 

56. When a motion has been made and 
seconded, it is then to be stated by the presid¬ 
ing officer to the assembly, and thus becomes 
a question for its decision ; and, until so stated, 


50 


PARLIAMENTARY PRACTICE. 


it is not in order for any other motion to be j 
made, or for any member to speak to it; but, j 
when moved, seconded, and stated from the 
chair, a motion is in the possession of the i 
assembly, and cannot be withdrawn by the 
mover, but by special leave of the assembly, 
which must be obtained by a motion made 
and seconded as in other cases. [In the 
British, House of Commons, a motion must 
be reduced to writing by the mover, and 
delivered to the Speaker, who, when it has 
been seconded, (a seconder is not required in 
the House of Lords), puts it to the House . 
it cannot then be withdrawn without leave of 
the House. When an amendment is proposed 
to a question, the original motion cannot be 
withdrawn till the amendment has been either 
withdrawn or negatived. An amendment is 
properly such an alteration of a motion by 
striking out or adding words, or both, as 
may enable members to vote for it who 
would not have done so otherwise. 

/n this country the practice has become less 
strict since Mr. Cushing wrote. “ A motion 
can be withdrawn^ by the mover, or modified in 
phraseology, at any time before a decision or 
amendment by the assembly''' After a vote on 



MOTION MADE AND STATED. 


51 


any amendment offered to it, it cannot be 
withdrawn or modified except by consent of 
a majority of the assembly “ obtained by 
motion made and seconded as in other 
cases.” [See Par, 92.—Ed.] 

67. When a motion is regularly before the 
assembly, it is the duty of the presiding officer 
to state it, if it be not in writing, or to cause 
it to be read, if it be, as often as any member 
desires to have it stated or read for his in¬ 
formation. 

58. When a motion or proposition is regu¬ 
larly before the assembly, no other motion, 
can be received, unless it be one which is pre¬ 
vious in its nature to the question under con¬ 
sideration, and consequently entitled to take 
its place for the time being, and be first de¬ 
cided. 

CHAPTER V. 

or MOTIONS IN GENERAL. 

69. When a proposition is made to a deliber¬ 
ative assembly, for its adoption, the proposi¬ 
tion may be in such a form as to be put to the 
question, and the assembly may be in such a 
state as to be willing to come to a decision 



62 


PARLIAMENTARY PRACTICE. 


upon it, at once ; and when this is the case, 
nothing more can be necessary than to take 
the votes of the members, and ascertain the 
result. But a different state of things may 
and commonly does exist ; the assembly may 
prefer some other course of proceeding to an 
immediate decision of the question in the form 
in which it is presented; and, as it is proper, 
that every parliamentary body should have 
the means of fitly disposing of every proposi¬ 
tion which may be made to it, certain forms 
of question have from time to time been in¬ 
vented, and are now in general use, for that 
purpose. These forms of question may prop¬ 
erly be called subsidiary^ in order to distinguish 
them from the principal motion or question to 
which they relate. 

60 . The different states of mind, in which a 
proposition may be received by a deliberative 
assembly, and the corresponding forms of pro¬ 
ceeding, or subsidiary motions, to which they 
give rise, in order to ascertain the sense of the 
assembly, are the following :— 

First. The assembly may look upon the 
proposition as useless or inexpedient; and may 
therefore desire to suppress it, either for a 
time, or altogether. The subsidiary motions,, 



SUBSIDIARY MOTIONS. 

: for this purpose, are the previous question, 
and indefinite postponement. 

Second. The assembly may be willing to 
entertain and consider of a proposition, but 
not at the time when it is made; either 
because more information is wanted by the 
members individually; or because they desire 
further time for reflection and examination; 
or because the assembly is then occupied wdth 
some other matter, which has more pressing 
claims upon its present attention. The usual 
motions, under such circumstances, are post¬ 
ponement to some future day or time, and to 
lie on the table. 

Third. The subject-matter of a proposition 
may be regarded with favor, but the form in 
which it is introduced may be so defee.ctive, 
that a more careful and deliberate consider- 
I ation, than can conveniently be given to it in 
the assembly itself, may be necessary to put 
it into a satisfactory form. In this case, it is 
most proper to refer the proposition to a com¬ 
mittee. 

Fourth. The proposition may be acceptable, 
and the form in which it is presented so far 
satisfactory, that the assembly may be willing 
to consider and act upon it, with such altera- 




54 


PARLIAMENTARY PRACTICE. 


■r 


tions and amendments as may be thought^! 
proper. The motion adapted to this case is |i| 
to amend. 

61. It is not to be supposed that the sub¬ 
sidiary motions above specified are the only 
ones that have at any time been adopted or 
used; or that it is not competent to a delib- 
erative assembly to frame new motions at • 
pleasure; but these are the forms in most 
common use, and are entirely sufficient for all 
practical purposes."^ Neither is it to be sup¬ 
posed, that these motions are always applied 
strictly to the cases to which they most appro¬ 
priately belong; several of them are frequently 
used to effect purposes, for which others 
would be more proper. These misapplica- 
tions will be taken notice of, under the heads 
of the several motions. 

* It is usual, in legislative assemblies, to provide by a 
special rule, both as to the particular motions to be used, 
and tlie order in which they may be made. Thus, the rule 
in the house of representatives of congress, (which is also 
adopted in the house of representatives of Massachusetts,) 
is, that, “ when a question is under debate, no motion 
shall be received, but to adjourn, to lie on the table, for the 
previous question, to postpone to a day certain, to commit, 
to amend, to postpone indefinitely, which several motions 
shall have precedence in the order in which they are ar¬ 
ranged.'' 



PREVIOUS QUESTION. 


66 


CHAPTER VI. 

OF MOTIONS TO SUPPRESS. 

62. When a proposition is moved, which it 
is supposed, may be regarded by the assembly 
as useless or inexpedient, and which it may 
therefore be desirous to get rid of, suck pro¬ 
position may be suppressed for a time by 
means of the previous question, or altogether 
by a motion for indefinite postponement. 

Sect. I. Previous Question. 

63. The original and proper parliamentary 
use of the previous question being, as above 
stated, the suppression of a main question, it 
seems proper to consider it as one of the sub¬ 
sidiary motions for that purpose ; although, 
in this country, it has been perverted to a 
wholly different use, namely, the suppression 
of debate. This consideration, in connection 
with the difficulty of the subject, and the im¬ 
portance of a correct understanding of it, 
makes it proper to devote more room to the 


56 


PARLIAMENTARY PRACTICE. 


previous question, than needs to be given to 
most of the other subsidiary motions. It will 
first be considered according to its original 
use and intention ; and, afterwards, as used 
in this country. 

64. There are several motions, which give 
rise to questions previous in their nature to 
other questions to which they relate ; but the 
term previous has been applied exclusively to 
a motion denominated the previous questioriy 
which has for its object the suppression of a 
principal motion or question. This motion 
was introduced into the house of commons in 
England, more than two centuries ago, for the 
purpose of suppressing subjects of a delicate 
nature, relating to high personages, or the dis¬ 
cussion of which might call forth observations 
of an injurious tendency. When first made 
use of, the form of the motion was, shall the 
main question he put? and the effect of a de¬ 
cision of it in the negative was to suppress the 
main question for the whole session. The 
form of it was afterwards changed to that 
which it has at present, namely, shall the main 
question he novj put? and the effect of a nega¬ 
tive decision of it now is to suppress the main 
question for the residue of the day only. The 


PREVIOUS QUESTION. 


57 


operation of this motion, in suppressing the 
question to which it is applied, results from 
the principle, that no further consideration or 
discussion can regularly be had of a subject, 
which it has been decided shall not be put 
to the question ; and, therefore, when on the 
motion of the previous question, it has been 
decided, that the principal question shall not 
now be put, that question is disposed of for 
the day, and cannot be renewed until the next 
or some succeeding day. This is the purpose 
for which the previous question was originally 
invented, and for which it is still used in the 
British parliament. 

65. But the previous question may be de¬ 
cided in the affirmative, as well as the nega¬ 
tive, that is, that the main question shall now 
be put; in which case, that question is to be 
put immediately, without any further debate, 
and in the form in which it then exists. This 
operation of the previous question, when de¬ 
cided affirmatively, has led to the use of it for 
the purpose of suppressing debate on a prin¬ 
cipal question, and coming to a vote upon it 
immediately; and this is ordinarily the only 
object of the previous question as made use 
of in the legislative assemblies of the United 


58 


PARLIAMEIfTARY PRACTICE. 


States.* The operation of a negative decision 
is different in different assemblies; in some, 
as, for example, in the house of representa¬ 
tives of congress, it operates to dispose of the 
principal or main question by suppressing or 
removing it from before the house for the day; 
but in others, as in the house of representa¬ 
tives of Massachusetts, and in the house of 
assembly of New York, (in the former by 
usage only, and in the latter by a rule,) the 
effect of a negative decision of the previous | 
question is to leave the main question under I 
debate for the residue of the sittinir, unless ^ 
sooner disposed of by taking the question, or 'I 
in some other manner. 

66. In England, the previous question is 
used only for suppressing a main question ; 
the object of the mover is to obtain a decision 
of it in the negative; and the effect of such a 

* jNIr. Jefferson {Manual, § xxxiv.) considers this exten¬ 
sion of the previous question as an abuse. He is of opinion 
that “ its uses would be as well answered by other more 
simple parliamentary forms, and therefore it should not be ‘i 
favored, but restricted within as. narrow limits as possi- J 
ble.” Notwithstanding this suggestion, however, the use i 
of the previous que.stion, as above sUited, has become so 
firmly established, that it cannot now be disturbed or un¬ 
settled. 




INDEFINITE POSTPONEMENT. 


59 


decision, though in strictness only to suppresF 
the question for the day, is, practically and by 
parliamentary usage, to dispose of the subject 
altogether. In this country, the previous ques¬ 
tion is used chiefly for suppressing debate on 
a main question ; the object of the mover is 
to obtain a decision of it in the affirmative; 
and the effect of a decision the other way, 
though in some assemblies operating techni¬ 
cally to suppress the main question for the day 
only, is, in general, merely to suspend the 
taking of the question for that day; either 
leaving the debate to go on during the residue 
of the day, or the subject to be renewed on 
the next or some other day. The operation 
of an affirmative decision is the same, in both 
countries, namely, the putting of the main 
question immediately, and without further 
debate, delay, or consideration. 

Sect. II. Indefinite Postponement. 

67. In order to suppress a question alto¬ 
gether, without coming to a direct vote upon 
it, in such a manner that it cannot be renewed, 
the proper motion is for indefinite postpone¬ 
ment ; that is, a postponement or adjournment 


60 


PARLIAMENTARY PRACTICE. 


of the question, without fixing any day for re- i 
sumingit. The effect of this motion, if decided 
in the affirmative, is to quash the proposition 
entirely ; as an indefinite adjournment is equiv¬ 
alent to a dissolution, or the continuance of 
a suit, without day, is a discontinuance of it. 

A negative decision has no effect whatever. 

[This motion cannot be amended. It can¬ 
not be moved while the motions to commit or 
for the previous question are pending. As its 
effect is to “ quash the proposition entirely,” 
it necessarily brings up the whole subject for 
discussion, in order that its friends may allege > 
reasons for coming to a direct vote upon it; 
for if the motion to indefinitely postpone pre¬ 
vails, the measure proposed cannot be renewed 
during the session.— Ed.] 


CHAPTER VIL 

OP MOTIONS TO POSTPONE. 

68. If the assembly is willing to entertain 
and consider a question, but not at the time 
when it is moved, the proper course is either 
to postpone the subject to another day, or to 
order it to lie on the table. 




LIE ON THE TABLE. 


61 


69. When the members individually want 
more information than they possess, at the 
time a question is moved, or desire further 
time for reflectioni and examination, the pro¬ 
per motion is, to postpone the subject to such 
future day as will answer the views of the 
assembly. 

! 70. This motion is sometimes used improp- 

1 erly, to get rid of a proposition altogether, as 
would be done by an indefinite postponement. 
This is effected by fixing upon a day, which, 
according to the common course of tilings, 
will not arrive until after the assembly lias 
been brought to a close. But a motion, word¬ 
ed in this manner, is precisely equivalent to a 
motion for indefinite postponement, and should 
be so considered and treated. 

71. If the assembly has something else be¬ 
fore it, which claims its present attention, and 
is therefore desirous to postpone a particular 
proposition, until that subject is disposed of, 
such postponement may be effected by means 
of a motion that the matter in question lie on 
the table. If this motion prevails, the subject 
so disposed of may be taken up, at any time 
afterwards, and considered, when it may suit 
the convenience of the assembly. 




62 


PARLIAMENTARY PRACTICE 


72. This motion is <also sometimes maJeuse 
of for the final disposition of a subject; and 
it always has that effect, when no motion is 
afterwards made to take it up. 

[In Congress, as well as in other deliberative 
bodies, debate is not allowed on the motions 
to postpone to a day certain, or to lie on the 
table ; for the effect of these motions is only to 
defer measures temporarily, which may be 
fully discussed when the proper time arrives, 
A member may speak strictly to the motion ; 
but not as to the merits of the question post¬ 
poned. The motion may be amended by sub¬ 
stituting one day for another. The motion 
to lie on the table is not subject to ame»>d- 
ment.—E d.] 


CHAPTER YIII, 

GF MOTIONS TO COMMIT. 

73. The third case for the use of a sub¬ 
sidiary motion, as already stated, occurs, when 
the subject-matter of a proposition is regarded 
with favor, but the form in which it is intro¬ 
duced is so defective, that a more careful and 




COMMITMENT. 


63 


deliberate consideration is necessary, than can 
conveniently be given to it in the assembly 
itself, in order to put it into a satisfactory form. 
The course of proceeding then is, to refer the 
subject to a committee ; which is called a com¬ 
mitment, or, if the subject has already been in 
the hands of a committee, a recommitment. 

74. If there is a standing committee of the 
assembly, whose functions embrace the subject 

‘ in question, the motion should be to refer it to 
I that committee ; if there is no such committee, 
then the motion should be to refer to a select 
committee. If it is a matter of doubt, whether 
a particular standing committee is appropriate 
or not, and propositions are made for a reference 
to that committee, and also for a reference to 
a select committee, the former proposition 
should be first put to the question. 

75. When a subject is referred or recom¬ 
mitted, the committee may be instructed or 
ordered by the assembly, as to any part or 
the whole of the duties assigned them; or 
the subject may be left with them without 
instructions. In the former case, the in¬ 
structions must be obeyed, of course; in the 
latter, the committee have full power over 

, the matter, and may report upon it, in any 





64 


PARLIAMEXTARY PRACTICE. 


manner they please, provided they keep with- ^ 
in the recognized forms of parliamentary \ 
proceedings. | 

76. A part only of a subject may be com¬ 

mitted, without the residue ; or different 
parts may be committed to different ^om- | 
mittecs. ' 

77. A commitment with instructions is | 
sometimes made use of, as a convenient mode I 
of procuring further information, and, at the 
same time, of postponing the consideration of 

a subject to a future though uncertain day. 

[The merits of the proposition are not open 
to discussion, far the reason stated in note, 
pat'. 72, unless instructions are added to the 
motion to commit—then the subject matter 
may be debated.— Ed.J 


CHAPTER IX. 

OF MOTIONS TO AMEND. ^ 

78. The last case, for the introduction of 
subsidiary motions, is when the assembly is 
satisfied with the subject-matter of a pro})Osi- 







DIVISION OF QUESTIONS. 


66 


tion, but not with the form of it, or with all 
its different parts, or desires to make some 
addition to it. The course of proceeding 
.lihen is, to bring the proposition into the 
proper form, and make its details satisfactory, 
by means of amendments, or of certain pro¬ 
ceedings of a similar character, and having 
the same general purpose in view. The latter 
will be first considered. 

Sect. L Division op a Question. 

79. When a proposition or motion is com¬ 
plicated, that is, composed of two or more 
parts, which are so far independent of each 
other, as to be susceptible of division into 
several questions, and it is supposed that the 
assembly may approve of some but not of all 
these parts, it is a compendious mode of 
amendment, to divide the motion into separate 
questions, to be separately voted upon and 
decided by the assembly. This division may 
take place by the order of the assembly, on a 
motion regularly made and seconded for the 
purpose. 

80. When a motion in thus divided, it be¬ 
comes a series of questions, to be considered 

p. —3 




6t5 


PABLIAMENTARY PRACTICE. 


and treated each by itself, as an inde|)endent 
proposition, in the order in which they stand ; 
and when they have all been gone through 
with and decided, the result will be the same, 
as if motions to amend by striking out the 
several parts had been made and put to the 
question. When a motion for a division is 
made, the mover ought to specify in his mo¬ 
tion the manner in which he j^roposes to make 
the division ; and this motion, like every other 
of the nature of an amendment, is itself sus¬ 
ceptible of amendment. 

81. It is sometimes asserted, that it is the 
right of every individual member to have a 
complicated question (provided it is suscep- 
tible of division) divided into its several pai*ts, 
and a question put separately on each, on his 
mere demand, and without any motion or any 
vote of the assembly for that purpose. But 
this is a mistake; there is no such rule of 
parliamentary proceeding; a complicated ques¬ 
tion can only be separated by moving amend¬ 
ments to it in the usual manner, or by moving 
for a division of it in the manner above 
stated. 

82. It is not unusual, however, for a delib¬ 
erative assembly to have a rule providing for 




FILLING BLANKS. 


67 


the division of a complicated question (pro¬ 
vided it is susceptible of division) into its 
several parts, upon the demand of a member. 
When this is the case, it is for the presiding 
officer (subject of course to the revision of the 
assembly) to decide, when the division of a 
motion is demanded, first, whether the propo¬ 
sition is susceptible of division, and, secondly, 
into how many and what parts it may be 
divided. 

83. A proposition, in order to be divisible, 
must comprehend points so distinct and entire, 
that if one or more of them be taken away, 
the others may stand entire and by them¬ 
selves ; but a qualifying, paragraph, as, for 
example, an exception or a proviso, if sep¬ 
arated from the general assertion or state¬ 
ment to which it belongs, does not contain an 
entire point or proposition. 

Sect. II. Filling Blanks. 

84. It often happens, that a proposition is 
introduced with blanks purposely left by the 
mover to be filled by the assembly, either 
with times and numbers, or with provisions 
analogous to those of the proposition Itself. 



oS farliamentahy practice. 

In the latter case, blanks are filled in the 
same way, that other amendments by the 
insertion of words are made. In the former, 
propositions to fill blanks are not considered 
as amendments to the question, but as origi¬ 
nal motions, to be made and decided before 
the principal question. 

85. When a blank is left to be filled with a 
time or number, motions may be made for 
that purpose, and the question taken on each 
by itself, and before another is made; or 
several motions may be made and pending 
before any of them are put to the question. 
This last mode of proceeding, which is the 
most usual as well as convenient, requires 
that the several propositions should be ar¬ 
ranged, and the question taken on them, in 
such order as will the soonest and with the 
most certainty enable the assembly to come 
to an agreement. 

86. In determining upon the order to be 
adopted, the object is not to begin at that ex¬ 
treme, which and more being within every 
man’s wish, no one can vote against it, and, 
yet, if it should be carried in the affirmative, 
every question for more would be precluded; 
but, at that extreme, which will be likely to 


ADDIT ION-SEPAEATIOJC. 


69 


unite the fewest, and then to advance or 
^ recede, until a number or time is reached, 
^ which will unite a majority. 

87. Hence, when several different proposi¬ 
tions are made for filling blanks with a time 
or number, the rule is, that if the larger com¬ 
prehends the lesser^ as in a question to what 
day a postponement shall take place,—the 
number of which a committee shall consist,— 
the amount of a fine to be imposed,—the term 
of an imprisonment,—the term of irredeema¬ 
bility of a loan,—or the terminus in quern in 
any other case, the question must begin a 
maxima^ and be first taken upon the greatest 
or farthest, and so on to the least or nearest, 
* until the assembly comes to a vote: But, if 
the lesser includes the greater^ as in questions 
^ on the limitation of the rate of interest,—on 
' the amount of a tax,—on what day the ses- 
' sion of a legislative assembly shall be closed, 
by adjournment,—on what day the next ses- 
^ sion shall commence,—or the terminus a quo 
in any other case, the question must begin a 
^ minimo, and be first taken on the least or 
' nearest, and so on to the greatest or most re- 
' mote, until the assembly comes to a vote.* 

’ * Tbe above is die rale as laid down by >Ir Jeffesson 








70 


PARLIAMENTABY PRACTICE. 


Sect. III. Addition,—Separation,-^ 
Transposition. 

88. When the matters contained in two 
separate propositions might be better put in¬ 
to one, the mode of proceeding is to reject 
one of them, and then to incorporate the sub¬ 
stance of it with the other by way of amend¬ 
ment. A better mode, however, if the busi¬ 
ness of the assembly will admit of its being 
adopted, is to refer both propositions to a 
committee, with instructions to incorporate 
them together in one. 

89. So, on the other hand, if the matter of 
one pi’oposition would be more properly dis- 
tyibuted into two, any part of it may be 
struck out by Avay of amendment, and put 
into the form of a new and distinct proposi¬ 
tion. But in this, as in the former case, a 
better mode would generally be to refer the 
subject to a committee. 

90. In like manner, if a paragraph or sec- 

33), and holds where it is not superseded by a special 
nilg, wliich is generally the case in our legislative as- 
perrfldies: as, for example, in the senate of the United 
States, the rule is, that in filling blanks, the largest 
sum and longest time shall be first put. In the house 
of commons, in England, the rule established by usage is, 
thj 3 L the smallest sum and the longest time shall be 
fif^put. 



AMENDMENTS. 


71 


tion requires to be transposed, a question 
must be put on striking it out where it stands, 
i and another for inserting it in the place 
desired. 

91. The numbers prefixed to the several 
sections, paragraphs, or resolutions, which 
constitute a proposition, are merely marginal 
indications, and no part of the text of the 
proposition itself; and, if necessary, they may 
be altered or regulated by the clerk, without 
any vote or order of the assembly. 

! 

j Sect. IV. Modification or Amendment 
BY THE Mover. 

92. The mover of a proposition is some¬ 
times allowed to modify it, after it has been 
stated as a question by the presiding officer; 
but, as this is equivalent to a withdrawal 
of the motion, in order to substitute an¬ 
other in its place ; and, since, as has already 
been seen, [Par. 56. note] a motion regularly 

' made, seconded, and j)roposed, cannot be 
1 'withdrawn without leave ; it is clear, that the 
[ practice alluded to rests only upon general 
' consent; and, that, if objected to, the mover 
of a proposition must obtain the permission 




72 


PARLIAMENTARY PRACTICE. 


of the assembly, by a motion and question, 
for the purpose, in order to enable him to 
modify his proposition. 

93. So, too, when an amendment has been 
regularly moved and seconded, it is sometimes 
the practice for the mover of the proposition 
to which it relates to signify his consent to it, 
and for the amendment to be thereupon made, 
without any question being taken upon it by 
the assembly. As this proceeding, however, 
is essentially the same with that described in 
the preceding paragraph, it, of course, rests 
upon the same foundation, and is subject to 
the same rule. 


Sect. V. General Rules relating to 
Amendments. 

94. All nmendments, of which a proposition 
is susceptible, so far as form is concerned, 
may be effected in one of three ways, namely, 
either by inserting or adding certain words ; 
or by striking out certain words; or by strik¬ 
ing out certain words, and inserting or adding 
others. These several forms of amendment 
are subject to certain general rules, which, 



AMENDMENTS. 73 

being equally applicable to them all, require 
to be stated beforehand. 

95. First Rule. When a j^roposition con¬ 
sists of several sections, paragraphs, or liesolu- 
tions, the natural order of considering and 
amending it is to begin at the beginning, and 
to proceed through it in course by paragraphs > 
and when a latter part has been amended, it 
is not in order to recur back, and make any 
alteration or amendment of a former part. 

96. Second Rule. Every amendment, 
which can be proposed, whether by striking 
Dut, or inserting, or striking out and inserting, 
is itself susceptible of amendment; but there 
oan be no amendment of an amendment to an 
amendment; this would be such a piling of 
questions one upon another, as would lead to 
great embarrassment; and as the line must be 
drawn somewhere, it has been fixed by usage 
after the amendment to the amendment. 
The object, which is proposed to be effected 
by such a proceeding, must be sought by re¬ 
jecting the amendment to the amendment, in 
the form in which it is proposed, and then 
moving it again in the form in which it is 
wished to be amended-, in which it is only an 
amendment to an amendment; and in order 




74 


PARLIAMENTARY PRACTICE. 


to accomplish this, he who desires to amend 
an amendment should give notice, that, if re¬ 
jected, in the form in which, it is presented, , 
he shall move it again in the form in which 
he desires to have it adopted. 

97. Thus, if a proposition consists of A B, 
and it is proposed to amend by inserting C D, 
it may be moved to amend the amendment by 
inserting E F ; but it cannot be move^ to 
amend this amendment, as, for example, by 
inserting G. The only mode, by which this 
can be reached, is to reject the amendment in 
the form in which it is presented, namely, to 
insert E F, and to move it in the form in 
which it is desired to be amended, namely, to 
insert E G F. 

98. Third Rule. Whatever is agreed to 
by the assembly, on a vote, either adopting or 
rejecting a proposed amendment, cannot be 
afterwards altered or amended. 

99. Thus, if a proposition consists of A B, 
and it is moved to insert C; if the amend¬ 
ment prevail, C cannot be afterwards amended, 
because it has been agreed to in that form; 
and, so, if it is moved to strike out B, and the 
amendment is rejected, B cannot afterwards 
be amended, because a vote against striking 




AMENDMENTS. 


75 


it out is equivalent to a vote agreeing to it as 
it stands. 

100. Fourth Rule. Whatever is disagreed 
to by the assembly, on a vote, cannot be after¬ 
wards moved again. This rule is the converse 
of the preceding, and may be illustrated in 
the same manner. 

101. Thus, if it is moved to amend A B by 
inserting C, and the amendment is rejected, 
C cannot be moved again ; or, if it is moved 
to amend A B by striking out B, and the 
amendment prevails, B cannot l>e restored ; 
because, in the first case, C, and, in the other, 
B, have been disagreed to by a vote. 

102. Fifth Rule. The inconsistency or in¬ 
compatibility of a proposed amendment with 
one which has already been adopted, is a fit 
ground for its rejection by the assembly, but 
not for the supj^ression of it by the presiding 
officer, as against order; for, if questions of 
this nature were allowed to be brought within 
the jurisdiction of the presiding officer, as 
matters of order, he might usurp a negative 
on important modifications, and suppress or 
embarrass instead of subserving the will of the 
assembly. 






76 


PARLIAMENTARY PRACTICE. 


Sect. YI. Amendments by striking out. 

103. If an amendment is proposed by strik¬ 
ing out a particular paragrapli or certain 
words, and the amendment is rejected, it can¬ 
not be again moved to strike out the same 
words or a part of them ; but it may be movet^ 
to strike out the same words with others, oi 
to strike out a part of the same words with 
others, provided the coherence to be struck 
out be so substantial, as to make these, is 
fact, different propositions from the former. 

104. Thus, if a proposition consist of A B 
C D, and it is moved to strike out B C ; if 
this amendment is rejected, it cannot be 
moved again; but it may be moved to strike 
out A B, or A B C, or B C D or C D. 

105. If an amendment by striking out is 
agreed to, it cannot be afterwards moved to 
insert the same words struck out or a part of 
them; but it may be moved to insert the same 
words with others, or a j^art of the same 
words with others, provided the coherence to 
be inserted make these propositions substan¬ 
tially different from the first. 

106. Thus, if the proposition A B C D is 


AMENDMENTS. 


77 


amended by striking out B C, it cannot be 
moved to insert B C again; but it may be 
moved to insert B C with other words, or B 
with others^ or C with others. 

107. When it is proposed to amend by 
striking out a particular paragraph, it may be 
moved to amend this amendment, in three 
different ways, namely, either by striking out 
a part only of the paragraph, or by inserting 
or adding words, or by striking out and in¬ 
serting. 

108. Thus, if it is moved to amend the 
proposition A B C D, by striking out B C, it 
may be moved to amend this amendment by 
striking out B only or C only, or by inserting 
E, or by striking out B or C, and inserting E. 

109. In the case of a proj^osed amendment 
by striking out, the effect of voting uj^on it, 
whether it be decided in the affirmative or 
nesrative accordino* to the third and fourth 
rules above mentioned, renders it necessary 
for those who desire to retain the paragraph 
to amend it, if any amendment is necessary^ 
before the vote is taken on striking out; as, 
if struck out, it cannot be restored, and, if 
retained, it cannot be amended. 

110. As an amendment must necessarily be 


t':. 




78 


PARLIAMENTARY PRACTICE. 


put to the question before the jirincipal mo¬ 
tion ; so the question must be put on an 
amendment to an amendment before it is put 
on the amendment; but, as this is the extreme 
limit to which motions may be put upon one 
another, there can be no precedence of one 
over another among amendments to amend¬ 
ments ; and, consequently, they can only be 
moved, one at a time, or, at all events, must 
be put to the question in the order in which 
they are moved. 

111. When a motion for striking out words 
is put to the question, the parliamentary form | 
always is, whether the words shall stand as : 
2:>a7't of the principal motion, and not whether 
they shall he- struck out. The reason for this 
form of stating the question probably is, that 
the question may be taken in the same manner 
on a part as on the whole of the principal mo- , 
tion ; which would not be the case, if the 
question was stated on striking out; inasmuch 
as the question on the principal motion, when 
it conies to be stated, Avill be on agreeing to 
it, and noton striking out or rejecting it. Be¬ 
sides, as an equal division of the assembly | 
would produce a different decision of the ques- | 
tion, according to the manner of stating It, it ! 




AMENDMENTS. 


7 ^ 


might ha]3pen, if the question on the amend¬ 
ment was stated on striking out, that the same 
question would be decided both affirmatively 
and negatively by the same vote.* 

[This is invariably the form in the Brit¬ 
ish Parliament. In the United States the 
question is always put, as Mr. Cushing states 
in the following note, “ Shall the words be 
stricken out of the amendment ? ” Whether 
this question is decided in the affirmative or 
negative, the amendment is proposed to the 
main proi)osition in the form which this vote 
gives it.— Ed.] 

112. On a motion to amend by striking out 
certain words, the manner of stating the ques¬ 
tion is, first to read the passage proposed to be 
amended, as it stands; then the words pro¬ 
posed to be struck out; and, lastly, the whole 
passage as it will stand if the amendment is 
adopted. 

Sect. VII. Amendments by inserting. 

113. If an amendment is proposed by in- 

The common, if not the onh% mode of stating: the 
question, in the le^islativ’e assemblies of this country, is 
on “ striking out” 




80 


PARLIAMENTARY PRACTICE. 


serting or adding a paragrajih or words, ancj 
the amendment is rejected, it cannot be moved 
again to insert the same words or a part of 
them ; but it may be moved to insert the same 
words with others, or a part of the same words 
with others, provided the coherence really 
make them different propositions. 

114. Thus, if it is moved to amend the pro, 
position A B by inserting C D, and the 
amendment is rejected. C D cannot be again 
moved ; but it may be moved to insert C E, 
or D E, or C D E. 

115. If it is proposed to amend by insert¬ 
ing a paragraph, and the amendment prevails, 
it cannot be afterwards moved to strike out 
the same words or a part of them ; but it may 
be moved to strike out the same words with 
others, * or a part of the same words with 
others, provided the coherence be such as to 
make these propositions really different from 
the first. 

116. Thus, if in the example above sup* 
posed, the amendment prevails, and C D is 
inserted it cannot be afterwards moved to 

* This is the common case of strilring ont a paragraph, 
after having amended it by inserting words- 


AMENDMENTS. 81 

strike out C D, but it may be moved to strike 
out A C or A C D, or D B, or C D B. 

117. When it is proposed to amend by in¬ 
serting a paragraph, this amendment may be 
amended in three different ways, namely, 
either by striking out a part of the paragraph ; 
or by inserting something into it; or by strik¬ 
ing out and inserting. 

118. Thus, if it is proposed to amend A B 
by inserting C D, this amendment may be 
amended either by striking out C or D, or 
inserting E, or by striking out C or D and 
inserting E. 

119 When it is proposed to amend by in¬ 
serting a paragraph, those who are in favor of 
the amendment should amend it, if necessary, 
before the question is taken ; because if it is 
rejected, it cannot be moved again, and, if 
received, it cannot be amended. 

120. There is no precedence of one over 
another in amendments to amendments by in¬ 
serting, any more than in amendments to 
amendments by striking out. 

121. On a motion to amend by inserting a 
paragraph, the manner of stating the question 
is, first, to read the passage to be amended, as 
it stands ; then the words proposed to be in- 



82 


PARLIAMEXTAKY PRACTICE. 


serted ; and lastly, the whole passage as it 
will stand if the amendment prevails. 

Sect. YIII. Amendments by striking out 

AND INSERTING. 

122. The third form of amending a propo¬ 
sition, namely, by striking out certain words 
and inserting others in their place, is, in fact, 
a combination of the other two forms ; and 
may accordingly be divided into those two 
forms, either by a vote of the assembly, or on 
the demand of a member, under a s])ecial rule 
to that effect.* 

123. If the motion is divided, the question 
is first to be taken on striking out; and if that is 
decided in the affirmative, then, on inserting ; 
but if the former is decided in the negative, 
the latter falls, of course. On a division, the 
proceedings are the same, in reference to each 
branch of the question, beginning \vith the 
striking out, as if each branch had been moved 
by itself. 

INIr. Jefferson (§xxxv,) snys, “ the question, if desired, 
is then to be divided,” »S:c. ; but, as be makes no exception 
of a motion to strike out and insert, wlicn treating of the 
subject of division, and does not liere state it as an excei> 
tion, he undoubtedly supposes tlie division in this case to 
be made in the regular and usual manner. 




AMENDMENTS. 


83 


124. If the motion to strike out and insert 
is put to the question undivided, and is decided 
in the negative, the same motion cannot be 
made again ; but, it may be moved to strike 
out the same words, and, 1, insert nothing ; 
2, insert other words ; 3, insert the same words 
with others ; 4, insert a part of tlie same words 
with others ; 5, strike out the same words 
with others, and insert the same ; 6, strike out 
a part of the same words with others, and 
insert the same ; 7, strike out other words and 
insert the same ; and, 8, insert the same 
words, without striking out any thing. 

125. If the motion to strike out and insert 
is decided in the affirmative, it cannot be then 
moved to insert the words struck out or a part 
of them, or to strike out the words inserted, 
or a part of them ; but, it may be moved, 1, to 
insert the same words with otliers ; 2, to insert 
a ])art of the same words with others ; 3, to 
strike out the same words with others ; or, 4, 
to strike out a part of the same words with 
others. 

126. When it is proposed to amend by 
striking out and inserting, this amendment 
may be amended in three differennt ways in 
the paragraph proposed to be struck out, and 


84 


PARLIAMENTARY PRACTICE. 


also in the paragraph proposed to be insertea, 
namely, by striking out, or inserting, or strik- 
inor out and inserting. And those who are in 
favor of either paragraph must amend it, before 
the question is taken, for the reasons already 
stated, namely, that, if decided in the affiiTiia- 
tive, the part struck out cannot be restored, 
nor can the part inserted be amended ; and, if 
decided in the negative, the part proposed to 
be struck out cannot be amended, nor can the 
paragrajih proposed to be inserted be moved 
again. 

127. On a motion to amend, by striking out 
certain words and inserting others, the manner 
of stating the question is first to read the whole 
passage to be amended, as it stands ; then the 
words proposed to be struck out ; next those 
to be inserted ; and, lastly, the whole passage 
as it will stand when amended. 

Sect. IX. Amendments changing the 
Nature of a Question. 

128. The term amendment is in strictness ap- 
plicabk only to to those changes of a proposi¬ 
tion, by which it is improved, that is, rendered 
iTiore effectual for the purpose which it has in 



AMENDMENTS. 


85 


view, or made to express more clearly and 
definitely the sense which it is intended to 
expres. Hence it seems proper, that those 
only should undertake to amend a proposition, 
vdio are friendly to it; but this is by no means 
the rule; when a proposition is regularly 
moved and seconded, it is in the possession of 
the assembly, \Par 66, 92, F!] and cannot be 
withdrawn but by its leave ; it has then be¬ 
come the basis of the future proceedings of 
the assembly, and may be put into any shape, 
and turned to any purpose, that the assembly 
may think proper. 

129. It is consequently allowable to amend 
a proposition in such a manner as entirely to 
alter its nature, and to make it bear a sense 
different from what it was originally intended 
to bear; so that the friends of it, as it was first 
introduced, may themselves be forced to vote 
against it, in its amended form. 

130. This mode of proceeding is sometimes 
adopted for the purpose of defeating a propo. 
sition, by compelling its original friends to 
unite with those who are opposed to it, in 
voting for its rejection. Thus, in the British 
House of Commons, Jan. 29, 1765, a resolution 
being moved, “ That a general warrant for 





86 


PARLIAMEXTARY PRACTICE. 


apprehending the authors, printers, or publish¬ 
ers of a libel, togetlier with their papers, is not 
warranted by law, and is an high violation of 
the liberty of the subject: ”—it was moved to 
amend this motion by prefixing the following 
paragraph, namely : “ That in the })articular 
case of libels, it is proper and necessary to fix, 
by a vote of this house only, what ought to be 
deemed the law in respect of general warrants; 
and, for that purpose, at the time when the 
determination of the legality of such warrants, 
in the instance of a most seditious and treas¬ 
onable libel, is actually depending before the 
courts of law, for this house to declare ”— that 
a general warrant for ajg^reliending the 
authors^ printers^ or publishers of a liheh 
together vnth their papers^ is not warranted by 
law, and is ayi high violation of the liberty of 
the subject. The amendment was adopted, 
after a long debate, and then the resolution 
as amended was immediately rejected without 
a division.* 


* This mode of defeating a measure, however, is not al- 
wa 5 's sHccessful. In 1780, Mr. Dunnins having made a mo¬ 
tion, in the house of commons, “ that, in the opinion of 
this house, the influence of the crown lias increased, is 
increasing, and ought to be diminished,” Dundas, lord- 
advocate of Scotland, in order to defeat the motion, pro¬ 
posed to amend, by inserting, after the words, in tbr 


AMEXDMEXTS. 


87 


131, But sometimes the nature of a propo¬ 
sition is changed by means of amendments, 
with a view to its adoption in a sense the very 
; opposite of wliat it was originally intended to 
bear. The followimg is a striking example of 
I this mode of proceeding. In the house of 
commons, April 10, 1744, a resolution was 
moved, declaring, “ That the issuing and 
paying to the Duke of Aremberg the .-sum of 
forty thousand pounds, sterling, to put the 
I Austrian troops in motion in the year 174'J, 
was a dangerous misapplication of ])ublic 
money, and destructive of the rights of parlia¬ 
ment.” The object of this resolution was to 
censure the conduct of the ministers; and the 
friends of the ministry, being in a majority, 
might have voted directly upon the motion and 
rejected it. But they preferred to turn it into 
a resolution approving of the conduct of min¬ 
isters on the occasion referred to ; and it was 
accordingly moved to amend, by leaving out 
the words “ a dangerous misapplication,” &c. 
to the end of the motion, and inserting instead 
thereof the words, “ necessary for putting the 

OPINION OF Tins HOUSE, tlie words it is now necessary 
TO DECLARE THAT, &0. Blit this amendment, in.stead of 
intimidating tlie friends of the original motion was at once 
adopted by them, and the resolution passed as amended. 






88 


PARLIAMENTARY PRACTICE. 


said troops in motion, and of great consequence 
to the common cause.” The amendment being 
adopted, it was resolved (reversing the original 
proposition) “ That the issuing and paying to 
the Duke of Aremberg the sum of forty thou¬ 
sand pounds, to put the Austrian troops in 
motion, in the year 1742, was necessary for 
putting the said troops in motion, and of great 
consequence to the common cause.” 

132. It is a mode of defeating a proposition^ 
somewhat similar to that above mentioned, to 
carry out or extend the principle of it, by 
means of amendments, so as to show the 
inconvenience, absurdity, or danger of its 
adoption, with such evident clearness, that it 
becomes impossible for the assembly to agree 
to it. Thus, a motion having been made in 
the house of commons, “ for copies of all the 
letters written by the lords of the admiralty to 
a certain officer in the navy,” it was moved to 
amend the motion by adding these words :— 

which letters may contain orders, or be 
relative to orders, not executed, and still sub¬ 
sisting.” This amendment being adopted, the 
motion as amended was unanimously rejected. 

133. It will be seen, from the foregoing 
examples, that as the mover of a proposition 


AMENDMENTS. 


89 


I is under no restriction as to embracing incon¬ 
gruous matters under the same motion ; so, 
on the other hand, the assembly may engraft 
upon a motion, by way of amendment, mat¬ 
ter which is not only incongruous with, but 
entirely opposed to, the motion as originally 
introduced; and, in legislative assemblies, it 
is not unusual to amend a bill by striking out 
all after the enacting clause, and inserting an 
entirely new bill; or to amend a resolution 
by striking out all after the words “Re¬ 
solved that,” and inserting a proposition of a 
«vholly different tenor 


CHAPTER X. 

t>F THE ORDER AND SUCCESSION OF QUES¬ 
TIONS. 

134. It is a general rule, that, when a pro¬ 
position is regularly before a deliberative as¬ 
sembly, for its consideration, no other })ro- 
positioii or motion can regularly be made or 
arise, so as to take the place of the former, 
and be first acted upon, unless it be either, 
firsts a privileged question j secondly^ a sub- 





90 


PARLIAMENTARY PRACTICE. 


sidiary question; or, thirdly, an incidental 
question or motion. 

135. All these motions take the plac ^of the 
principal motion, or main question, Lo it is 
usually called, and are to be first put to the 
question ; and, among themselves, also, there 
are some, which, in like manner, take the 
jilace of air the others. Some of these ques¬ 
tions merely sui)ersede the prinei})al (piestion, 
until they have been decided; and, when 
decided, whether affirmatively or negatively, 
leave that question as before. Others of them 
also supersede the principal question, until 
they are decided ; and, when decided one way, 
dispose of the principal question ; but, if de¬ 
cided the other way, leave it as before. 

Sect. I. Privileged Questions. 

136. There are certain motions or ques¬ 
tions, which, on account of the superior im¬ 
portance attributed to them, either in conse¬ 
quence of a vote of the assembly, or in them¬ 
selves considered, or of the necessity of the 
proceedings to which they lead, are entitled 
to take the place of any other subject or pro¬ 
position, which may then be under considera- 


ADJOURNMENT. 


91 


i tiun, and to be first acted upon and decided 
by the assembly. These are called privileged 
questions, because they are entitled to prece¬ 
dence over other questions, though they are of 
different degrees among themselves. Ques¬ 
tions of this nature are of three kinds, namely, 
iirst^ motions to adjourn ; secondly^ motions 
or questions relating to tlie rights and priv¬ 
ileges of the assembly, or of its members in¬ 
dividually ; and, thirdly^ motions for the 
orders of the day. 


Adjournment. 


137. A motion to adjourn takes the place 
of all other questions whatsoever *; for, 
otherwise, the assembly might be kept sitting 
against its will, and for an indefinite time; 
but, in order to entitle this motion to pre¬ 
cedence, it must be simply to “ adjourn,” with- 

* It is commonly said, tluit a motion to adjourn is al¬ 
ways in order, but this is not precisely true. The ques¬ 
tion of adjournment may, indeed, be moved repeatedly on 
the same day; yet, in strictness, not without some inter¬ 
mediate question being proposed, after one motion to ad¬ 
journ is disposed of, and before the next motion is made 
for adjourning; as,for example, an amendment to a pend¬ 
ing question, or for the reading of some paper. The rea¬ 
son of this is, that, until some other proceeding has inter¬ 
vened,the question already decided is the same as that new¬ 
ly moved. 



92 


PARLIAMEXTAKY PRACTICE. 


out tJie addition of any particular day or time. 
And, as the object of this motion, when made 
in the midst of some other proceeding, and 
with a view to supersede a question already 
proposed, is simply to break up the sitting, 
it does not admit of any amendment by the 
addition of a particular day, or in any other 
manner ; though, if a motion to adjourn is 
made, when no other business is before the 
assembly, it may be amended like other ques¬ 
tions. 

138. A motion to adjourn is merely, “that 
this assembly do now adjourn ; ” and, if it is 
carried in the affirmative, the assembly is ad¬ 
journed to the next sitting day; unless it has 
previously come to a resolution, that, on ris¬ 
ing, it will adjourn to a particular day; in 
which case, it is adjourned to that day. 

139. An adjournment without day, that is, 
without any time being fixed for reassem¬ 
bling, would, in the case of any other than a 
legislative assembly, be equivalent to a dis¬ 
solution.* 

* It is quite common, when the bnsiness of a delibera¬ 
tive assembly has been brought to a close, to adjourn the 
assembly without day. A better form is to dissolve 
it; as an adjournment without day, if we regard the ety' 
aology of the word is a eontradictioii in terms- 


QUESTIONS OF PRIVILEGE. 

140. When a question is interrupted by an 
adjournment, before any vote or question has 
been taken upon it, it is thereby removed from 
before the assembly, and will not stand before 
it, as a matter of course, at its next meeting, 
but must be brought forward in the usual way. 

Questions of Privilege. 

141. The questions, next in relative impor¬ 
tance, and which supersede all others for the 
time being, except that of adjournment, are 
those which concern the rights and privileges 
of the assembly, or of its individual members; 
as, for example, when the proceedings of the 
assembly are disturbed or interrupted,whether 
by strangers or members; or where a quarrel 
arises between two members; and, in these 
cases, the matter of privilege supersedes the 
question pending at the time, together with 
all subsidiary and incidental ones, and must 
be first disposed of. When settled, the ques¬ 
tion interrupted by it is to be resumed, at the 
point where it was suspended. 

Orders of the Day. 

142. When the consideration of a subject 






94 


PARLIAMENTARY PRACTICE. 


has been assigned for a particular day, by an 
order of the assembly, the matter so assigned 
is called the order of the day for that day. If, 
in the course of business, as commonly hap¬ 
pens in legislative assemblies, there are 
several subjects assigned for the same day, 
they are called the orders of the day. 

143. A question, which is thus made the 
subject of an order for its consideration on a 
particular day, is thereby made a privileged 
question for that day ; the order being a re¬ 
peal, as to this special case, of the general 
rule as to business. If, therefore, any other 
proposition (with the exception of the two 
preceding *) is moved or arises, on the day as¬ 
signed for the consideration of a particular 
subject, a motion for the order of the day will 
supersede the question first made, together 
with all subsidiary and incidental questions 
connected with it, and must be first put and 
decided ; for if the debate or consideration of 
that subject were allowed to proceed, it might 
■continue through the day and thus defeat the 
order. 

[* e. g., A motion to adjourn, and a question 
of privilege.] 

144. But this motion, to entitle it to prece- 


ORDERS OF THE DAY. 


95 


deuce, must be for the orders generally, if there 
is more than one, and not for any particular 
one ; and, if decided in the affirmative, that is, 
that the assembly will now proceed to the 
orders of the day, they must then be read and 
gone through with, in the order in which they 
stand; priority of order being considered to 
give priority of right. 

145. If the consideration of a subject is as¬ 
signed for a particular hour on the day named, 
a motion to proceed to it is not a privileged 
motion, until that hour has arrived ; but, if no 
hour is fixed, the order is for the entire day 
and every part of it. 

146. Where there are several orders of the 
day, and one of them is fixed for a particular 

! hour, if the orders are taken up before that 
, hour, they are to be proceeded with as they 
I stand, until that hour, and then the subject 
assigned for that hour is the next in order ; 
but, if the orders are taken uj? at that time or 
'afterwards, that particular subject must be con¬ 
sidered as the first in order. 

147. If tlie motion for the orders of the day 
is decided in the affirmative, the original 
question is removed from before the assembly, 
in the same manner as if it had been inter- 




96 


PARLIAMENTARY PRACTICE, 


rupted by an adjournment, and does not stand 
before the assembly, as a matter of course, at 
its next meeting, but must be renewed in the 
usual way. 

148. If the motion is decided in the nega¬ 
tive, the vote of the assembly is a discharge 
of the orders, so far as they interfere with the 
consideration of the subject then before it, 
and entitles that subject to be first disposed 
of. 

149. Orders of the day, unless proceeded in 
and disposed of on the day assigned, fall, of 
course, and must be renewed for some other 
day. It may be provided, however, by a 
special rule, as in the legislative assemblies 
of Massachusetts, that the orders for a par¬ 
ticular day shall hold for every succeeding day, 
until disposed of. 

[In French parliamentary procedure, “the 
order of the day ” pure and simple, is equiva¬ 
lent to “ laying on the table.” By this 
method, a debate in the French Chamber, is 
often summarily stopped, or a subject disposed 
of, until the proper moment arrives, in the 
opinion of the Ministry, for taking it up. The 
American parliamentary code, on the con¬ 
trary, disposes of an objectionable measure or 



QUESTIONS OF ORDER. 


97 


motion, for the time being, by “ laying it on the 
table ”—while the “ order of the day ” can 
only be called for when the day or hour for 
which it has been previously set down 
arrives.—E d], 

Sect. II. Incidentat. Questions. 

150. Incidental questions are such as arise 
out of other questions, and are consequently 
to be decided before the questions which give 
rise to them. Of this nature firsts ques¬ 
tions of order ; second^ motions for the read¬ 
ing of papers, etc.; thirds leave to withdraw a 
motion ; fourth^ suspension of a rule ; and, 
jifth^ amendment of an amendment. 

Questions op Order. 

151. It is the duty of the presiding officer 
of a deliberative assembly, to enforce the rules 
and orders of the body over which he presides, 
in all its proceedings ; and this without ques¬ 
tion, debate, or delay, in all cases, in which 
the breach of order, or the departure from 
rule, is manifest. It is also the right of every 
member, taking notice of the breach of a rule, 

P — 4 




98 


PAKLIAMENTARY PRACTICE. 


to insist upon the enforcement of it in the 
same manner. 

152. But, though no question can be made, 
as to the enforcement of the rules, when there 
is a breach or manifest departure from them, 
so long as any member insists upon their 
enforcement ; yet questions may and do fre¬ 
quently arise, as to the fact of there being a 
breach of order, or a violation of the rules in 
a ))articular proceeding ; and these questions 
must be decided before a case can arise for 
the enforcement of the rules. Questions of 
this kind are denominated questions of order. 

153. When any question of this nature 
arises, in the course of any other })roceeding, 
it necessarily supersedes the further consider¬ 
ation of the subject out of which it arises, 
until that question is disposed of ; then the 
original motion or proceeding revives, and 
resumes its former position, unless it has been 
itself disposed of by the question of order. 

154. When a question of order is raised, as 
it may be by any one member, it is not stated 
from the chair, and decided by the assembly, 
like other questions; but is decided, in the 
first instance, by the presiding officer, without 
any previous debate or discussion by the 




READING PAPERS. 


assembly. If tlie <locisioii of the presiding 
officer is not satisfactory, any one member 
may object to it, and have the question 
decided by the assembly. This is called 
<ip 2 yealmg from the decision of the chair. 
The question is then stated by the presiding 
officer, on the appeal, namely : shall the deci- 



assembly ? and it is thereupon debated and 
decided by the assembly, in the same manner 
as any other question ; except that the presid¬ 
ing officer is allowed to take a part in the de¬ 
bate, which, on ordinary occasions, he is prohib¬ 
ited from doing. 

Reading Papers. 

155. It is, for obvious reasons, a general 
rule, that, where papers are laid before a 
deliberative assembly, for its action, every 
member has a right to have them once read 
at the table, before he can be compelled to 
vote on them ; and, consequently, when the 
reading of any paper, relative to a question 
before the assembly, is called for under this 
rule, no question need be made as to the 
reading; the paper is read by the clerk, under 
the direction of the presiding officer, as a 
matter of course. 






100 


PARLIAMEXTART PRACTICE. 


156. But, with the exception of papers 
coming under this rule, it is not the right of 
any member to read himself, or to have read, 
any paper, book, or document whatever, with¬ 
out the leave of the assembly, upon a motion 
made and a question put for the purpose. The 
delay and interruption, which would otherwise 
ensue from reading every paper that might 
be called for, show the absolute necessity of 
restricting the rule within the narrowest pos¬ 
sible limits, consistently with permitting 
every member to have as much information 
as possible, on the subjects in reference to 
which he is about to vote. 

157. When, therefore, a member desires 
that any paper, book, or document, on the 
table, whether printed or written (except as 
above mentioned) should be read for his own 
information, or that of the assembly ; or de¬ 
sires to read any such paper, book, or docu¬ 
ment, in his place, in the course of a debate, 
or otherwise ; or even to read his own speech 
which he has prepared beforehand and com¬ 
mitted to writing; in all these cases, if any 
objection is made, he must obtain leave of the 
assembly, for the rending, by a motion and 
vote for the purpose. 




y . WITHDRAWAL OF A MOTION. 101 

1 158. When the reading of a paper is evi- 

gently for information, and not for delay, it is 
■; the usual practice for the presiding officer to 
allow of it, unless objection is made, in which 
case leave must be asked ; and this is seldom 
refused, where there is no intentional or 
gross abuse of the time and patience of the 
. assembly. 

159. It is not now the practice, as it once 
was, in legislative assemblies, to read all 

' papers that are presented, especially when 
I they are referred to committees immediately 
on their presentation ; though the right of 
every member to insist upon one reading is 
still admitted. It would be impossible, with 
the amount of business done by legislative 
bodies, at the present day, to devote much of 
their time to the reading of papers. 

160. When in the course of a debate or other 
proceeding, the reading of a paper is called 
for, and a question is made upon it, this question 
is incidental to the former, and must be first 
decided. 


Withdrawal of a Motion. 

161. A motion, when regularly made, sec¬ 
onded, and proposed from the chair, is then 





102 


parlia:mentaey practice. 


in the possession of the assembly, and cannot 
be withdrawn by the mover, or directly dis¬ 
posed of in any manner, but by a vote ; hence, 
if the mover of a question wishes to modify it^ 
or to substitute a different one in its place, he 
must obtain the leave of the assembly for that 
purpose; which leave can only be had, if 
objection is made, by a motion [which is not 
debatable] and question in the usual mode of 
proceeding. [Par. 56, note\ 

162. If this motion is decided in the affirm¬ 
ative, the motion to which it relates is thereby 
removed from before the assembly, as if it 
had never been moved; if in the negative, 
the business j^roceeds as before. 

Suspension of a Rule. 

163. When any contemplated motion or pro¬ 
ceeding is rendered impracticable, by reason 
of the existence of some special rule by which 
it is prohibited, it has become an established 
practice in this country, to suspend or dispense 
with the rule, for the purpose of admitting the 
proceeding or motion which is desired. This 
can only be done by a motion and question ; 
and, where this course is taken in order to a 
motion having reference to a proposition then 





AMENDMENT OF AMENDMENTS. lOS 

under consideration, a motion to suspend the 
rule supersedes the original question for the 
time being, and is first to be decided, [without 
debate.] 

164. It is usual, in the code of rules adopted 
by deliberative assemblies, and especially 
legislative bodies, to provide that a certain 
number exceeding a majority, as two thirds or 
three fourths, shall be competent to the sus¬ 
pension of a rule in a particvdar case; where 
this is not provided, there seems to be no- 
other mode of suspending or disi^ensing with 
a rule than by general consent. 

Amendment of Amendiients. 

165. In treating of amendments, it has al¬ 
ready been seen, that it is allowable to amend 
a j)roposed amendment; and that the question 
on sucli sub-amendment must necessarily be 
put and decided before putting the question 
on the amendment. The former is incidental 
to the latter, and supersedes it for the time 
being. 

Sect. III. Subsidiary Questions. 

166. Subsidiary, or secondary, questions or 
motions, as has already been stated, are those 






104 


PARLIAMENTARY PRACTICE. 


which relate to a principal motion, and are 
made use of to enable the assembly to dispose 
of it in the most appropriate manner. These 
motions have the effect to supersede, and, in 
some cases, when decided one way, to dispose 
of, the principal question. They are also of 
different degrees among themselves, and, ac- 
cording to their several natures, supersede, ' 
and sometimes dispose of, one another. 

167. The subsidiary motions in common use 
are the following, namely:—lie on the table,— 
the previous question,—postponement, either 
indefinite or to a day certain,—commitment, 
—and, amendment. 

168. It is a general rule, with certain ex¬ 
ceptions which will be immediately mentioned, 
that subsidiary motions cannot be applied to 
one another; as for example, suppose a motion 
to postpone, commit or amend a principal ^ 
question, it cannot be moved to suppress the I 
motion to postpone, &c., by putting a previous 
question on it; or, suppose the previous ques¬ 
tion is moved, or a commitment, or amend¬ 
ment, of a main question, it cannot be moved 
to j)ostpone the previous question, or the 
motion for commitment or amendment. The 
reasons for this rule are: 1. It would be absurd 





SUBSIDIARY QUESTIONS. 


105 


to separate the appendage from its principal; 
2. It would be a piling of questions one on 
another, which, to avoid embarrassment, is not 
allowed; and 3. The same result may be 
reached more simply by voting against the 
motion which it is attempted to dispose of by 
another secondary motion. 

169. The exceptions to the rule above stated 
are, that motions to postpone (either to a day 
certain or indefinitely), to commit, or to amend, 
a principal question, may be amended, for the 
reason, that the useful character of amend¬ 
ment gives it a privilege of attaching itself to 
a secondary and privileged motion ” ; that is, 
a subsidiary motion to carry out and improve 
another may be applied to that other, but 
a subsidiary motion to dispose of or suppress 
another is not admissible. Hence, the sub¬ 
sidiary motions above mentioned may be am¬ 
ended. 

170. A previous question, however, cannot 
be amended; the nature of it not admitting of 
any change. Parliamentary usage has fixed 
its form to be, shall the main question be now 
put? that is, at this instant; and, as the 
present instant is but one, it cannot admit of 
any modification ; and to change it to the next 





106 


PARLIAMENTARY PRACTICE, 


day or any other moment is without example 
or utility. For the same reasons, also, that 
the form of it is fixed by parliamentary usage, 
and is already as simple as it can be, a motion 
to lie on the table cannot be amended. 

Lie on the Table. 

171. This motion is usually resorted to, 
when the assembly has something else before 
it, which claims its present attention, and 
therefore desires to lay aside a proposition for 
a short but indefinite time, reserving to itself 
the power to take it up when convenient. 
This motion takes precedence of and super¬ 
sedes all the other subsidiary motions. 

[In Congress, by special rule, the motion to 
lie on the table is subordinate only to the 
motion to adjourn. By parliamentary law it 
is subordinate to all three of the priveleged 
questions. It is not debatable, nor subject to 
amendment. A member may have a motion 
made, or resolutions offered by himself laid 
on the table. Thus in U. S. Senate, Feb. 23, 
1886, Mr. Morgan, of Alabama, presented a 
preamble and resolutions which were read, and 
then at his request, the resolutions were laid on 
the table to wait until he chose to call them up 
for the action of the Senate.—(Par. 72) En,] 


FREVIOUS QUESTION. 


107 


172. If decided in the affirmative, the prin^ 
cipal motion, together with all the other mo¬ 
tions, subsidiary and incidental,connected with 
it, is removed from before the assembly, until 
it is again taken up; which it may be, by 
motion and vote, at any time, when the as¬ 
sembly pleases. 

173. If decided in the negative, the business 
proceeds in the same manner as if the motion 
had never been made. 

Previous Question, 

174. This motion has already been describ¬ 
ed (63), and the nature and effect of it fully 
stated. It stands in an equal degree with all 
the other subsidiary motions, except the mo¬ 
tion to lie on the table; and, consequently, if 
first moved, is not subject to be superseded by 
a motion to postpone, commit or amend. 

175. If the previous question is moved 
before the others above mentioned, and put 
to the question, it has the effect to prevent 
those motions from being made at all; for, 
if decided affirmatively, to wit, that the main 
question shall now be put, it would of course 
be contrary to the decision of the assembly, 
and therefore against order, to postpone, com- 




108 PARLIAMENTARY PRACTICE. 

mit, or amend ; and if decided negatively, to 
wit, that the main question shall not now be 
put, this takes the main question out of the 
possession of the assembly, for the day, so 
that there is then nothing before it to post¬ 
pone, commit or amend.* 

Postponement. 

176. The motion to postpone is either in¬ 
definite or to a da}’'certain ; and, in both these 
forms, may be amended; in the former, by 
making it to a day certain,—in the latter, by 
substituting one day for another. But, in the 
latter case propositions to substitute different 
days for that originally named, bear more re¬ 
semblance to propositions for filling blanks, 
than they do to amendments, and should be 
considered and treated accordingly. 

177. If, therefore, a motion is made for an 
indefinite postponement, it may be moved to 
amend the motion by making it to a day 
certain. If any other day is desired, it may¬ 
be moved as a amendment to the amend* 

* In the house of representatives of Massachusetts, as the 
effect of a negative decision of the previous question Is not 
to remove the principal question from before the house, 
that question Is still open to postponement, commitment, 
or amendment, notwitstanding such negative decision. 


POSTPONEMENT. 


109 


ment; or it may be moved as an independent 
motion, when the amendment has been re¬ 
jected. 

[In many legislative assemblies the practice 
is different, and motions to postpone indefi¬ 
nitely cannot be amended, for the reason that 
one form of question cannot be changed into 
another.—Ed.] 

178. If a motion is made for a postpone¬ 
ment to a day certain, it may be amended by 
the substitution of a different day; but in this 
case, a more simple and effectual mode of 
proceeding is to consider the day as a blank, 
to be filled in the usual manner, beginning 
with the longest time. 

179. This motion stands in the same degree 
with motions for the previous question,—to 
commit,—and to amend; and, if first made, 
is not susceptible of being superseded by 
them. 

180. If a motion for postponement is de¬ 
cided affirmatively, the proposition to which it 
is applied is removed from before the assem¬ 
bly, with all its appendages and incidents, and 
consequently there is no ground for either of 
the other subsidiary motions ; if decided nega¬ 
tively, that the proposition shall not be post- 




110 


PARLIAMENTARY PRACTICE. 


poned, that question may then be suppressed 
by the previous question, or committed, or 
amended. 

Commitment. 

181. A motion to commit,* or recommit 
(which is the term used when the proposition 
has already been once committed), may be 
amended, by the substitution of one kind of 
committee for another, or by enlarging or 
diminishing the number of the members of 
the committee as originally proposed, or by 
instructions to the committee. 

[* The motion itseli may be debated, but 
no debate on the merits of the question is 
allowed until reported back to the house.—Ed. J 

182. This motion stands in the same degree 
with the previous question and postponement 
—and, if first made, is not superseded by 
them—but it takes precedence of a motion to 
amend. 

183. If decided affirmatively, the propo¬ 
sition is removed from before the assembly; 
and, consequently, there is no ground for the 
previous question, or for the postponement, or 
amendment; if negatively, to wit, that the 
principal question shall not be committed. 


AMENDMENT. 


Ill 


that question may then be suppressed by 
the previous question, or postponed, or 
amended. 

Amendment. 

184. A moticr to amend, as has been seen, 
may be itself amended. It stands in the 
same degree only with the previous question 
and indefinite postponement, and neither, if 
first moved is superseded by the other. 

185. But this motion is liable to be super¬ 
seded by a motion to postpone to a day 
certain; so that amendment and postpone¬ 
ment competing, the latter is to be first put. 
The reason is, that a question for amendment 
is not suppressed by postponing or adjourning 
the principal question, but remains before 
the assembly, whenever the main question is 
resumed ; for otherwise, it might happen, that 
the occasion for other urgent business might 
go by and be lost by length of debate on the 
amendment, if the assembly had no power to 
postpone the whole subject. 

186. A motion to amend may also be super¬ 
seded by a motion to commit; so that the 
latter, though subsequently moved, is to be 
first put; because, ‘4n truth, it facilitates and 
befriends the motion to amend.” 


112 


PARLIAMENTARY PRACTICE. 


187. The effect of both a negative and an 
affirmative decision of amendments has already 
been considered (94 to 127). 


CHAPTER XI. 

OP THE ORDER OF PROCEEDING. 

188. When several subjects are before the 
assembly, that is, on their table for consider¬ 
ation (for there can be but a single subject 
under consideration at the same time), and no 
priority has been given to any one over 
another the presiding officer is not precisely 
bound to any order, as to what matters shall 
be first taken up; but left to his own dis¬ 
cretion, unless the assembly on a question 
decide to take up a particular subject. 

189. A settled order of business, however, 
where the proceedings of an assembly are 
Hkely to last a considerable time, and the 
matters before it are somewhat numerous, is 
useful if not necessary for the government of 
the presiding officer, and to restrain individual 
members from calling up favorite measures^ 
or matters under their special charge, out of 
their just time. It is also desirable, for direct> 



ORDER OF BUSINESS. 


113 


ing the discretion of the assembly, when a 
motion is made to take up a particular matter, 

1 to the prejudice of others, which are of right 
entitled to be first attended to, in the general 
order of business. 

190. The order of business may be estab¬ 
lished in virtue of some general rule, or by 
special orders relating to each particular sub¬ 
ject ; and must, of course, necessarily depend 
upon the nature and amount of the matters 
before the assembly. 

191. The natural order, in considering and 
amending any paper which consists of several 
discinct propositions, is, to begin at the begin- 
ing, and proceed through it by paragraphs; 
and this order of proceeding, if strictly ad¬ 
hered to, as it should always be in numerous 
assemblies, would prevent any amendment in 
a former part from being admissable, after a 
latter part had been amended; but this rule 
does not seem to be so essential to be observed 
in smaller bodies, in which it may often be 
advantageous to allow of going from one part 
of a paper to another, for the purpose of 
amendments. 

192. To this natural order of beginning at 
the beginning, there is one exception accord- 



114 


PARLIAMENTARY PRACTICE. 


ing to parliamentary usage, where a resolution 
or series of resolutions, or other paper, has a 
preamble or title ; in which case, the preamble 
or title is postponed, until the residue of the 
paper is gone through with, 

193. In considering a proposition consisting 
of several paragraphs the course is, for the 
whole paper to be read entirely through, in 
the first place by the clerk; then, a second 
time, by the presiding officer, by paragraphs ; 
pausing at the end of each, and putting ques¬ 
tions for amending, if amendments are pro¬ 
posed; and, when the whole paper has been 
gone through with, in this manner, the presid¬ 
ing officer puts the final question on agreeing 
to or adopting the whole paper, as amended, 
or unamended 

194. When a paper which has been refer¬ 
red to a committee, and reported back to the 
assembly, is taken up for consideration, the 
amendments only are first read, in course, by 
the clerk. The presiding officer then reads 
the first, and puts it to the question, and 
so on until the whole are adopted or re¬ 
jected, before any other amendment is ad¬ 
mitted, with the exception of an amendment 
to an amendment. When the amendments re- 


ORDER OF BUSINESS. 


115 


ported by the oommittee have been thus dis¬ 
posed of, the presiding officer pauses,'and gives 
time for amendments to be proposed in the 
assembly to the body of the paper (which he 
also does, if the paper has been reported with¬ 
out amendments, putting no questions but on 
amendments proposed); and when through the 
whole, he puts the question on agreeing to or 
adopting the paper, as the resolution, order, 
&c., of the assembly. 

195. The final question is sometimes stated 
merely on the acceptance of the report, but a 
better form is on agreeing with the committee 
in the resolution, order, or whatever else the 
conclusion of the report may be, as amended, 
or without amendment; and the resolution 
or order is then to be entered in the journal as 
the resolution &c., of the assembly, and not 
as the report of the committee accepted. 

196. When the paper referred to a commit¬ 
tee is reported back, as amended, in a new 
draft (which may be and often is done, where 
the amendments are numerous and compara¬ 
tively unimportant), the new draft is to be 
considered as an amendment, and is to be 
first amended, if necessary, and then put to 
the question as an amendment reported by 


116 PARLIAMENTARY PRACTICE. 

the committee; or, the course may be, first to 
accept the new draft as a substitute for the 
original paper, and then to treat it as such. 

197. It often happens, that, besides a 
principal question, there are several others 
connected with it, pending at the same time, 
which are to be taken in their order ; as, for 
example, suppose, firsts a principal motion ; 
second, a motion to amend; third, a motion 
to commit; fourth, the preceeding motions be¬ 
ing pending, a question of ordor arises in the 
debate, which gives occasion, fifth, to a ques¬ 
tion of privilege, and this leads, sixth, to a 
subsidiary motion, as to lie on the table. 
The regular course of proceeding requires the 
motion to lie on the table to be first put; if 
this is negatived, the question of privilege is 
then settled; after that comes the question 
of order ; then the question of commitment ; 
if that is negatived the question of amend¬ 
ment is taken; and, lastly, the main question. 
This example will sufficiently illustrate the 
manner in which questions may grow out of 
one another, and in what order they are to be 
decided.* 

*The order of motions, for the disposal of any question, 
Is usually fixed fey a special rule, In legislative assemblies. 
See note to paragraph 61 . 


ORDEK OF BUSINESS. 


117 


198. When a motion is made arid seconded, 
it is the duty of the presiding officer to pro¬ 
pose it to the assembly; until this is done, it 
is not a question before the assembly, to be 
acted upon or considered in any manner ; and 
consequently it is not then in order for any 
member to rise either to debate it, or to make 
any motion in relation to it whatever. 

199. It is therefore a most unparliamentary 
and abusive proceeding to allow a principal 
motion and a subsidiary one relating to it to be 
proposed and stated together, and to be put 
to the question in their order; as is done, 
when a member moves a principal question, 
a resolution, for example, and, at the same 
time, the previous question, or that the reso¬ 
lution lie on the table. In such a case, the 
presiding officer should take no notice what¬ 
ever of the subsidiary motion, but should 
propose the principal one by itself in the usual 
manner, before allowing any other to be made. 
Other members, then, would not be deprived 
of their rights of debate, &c., in relation to 
the subject moved. 

200. When a member has obtained the 
floor, he cannot be cut off from addressing the 
assembly, on the question before it; nor, when 




118 PARLIAMENTARY PRACTICE. 

speaking, can he be interrupted in his speech, 
by any other member rising and moving an 
adjournment, or for the orders of the day, or 
by making any other privileged motion of the 
same kind; it being a general rule, that a 
member in possession of the floor, or proceed¬ 
ing with his speech, cannot be taken down or 
interrupted, but by a call to order; and the 
question of order being decided, he is still to 
be heard through. A call for an adjourn¬ 
ment, or for the orders of the day, or for the 
question, by gentlemen in their seats, is not a 
motion; as no motion can be made, without 
rising and addressing the chair, and being 
called to by the presiding officer. Such calls 
for the question are themselves breaches of 
order, which, though the member who has 
risen may respect them, as an expression of 
the impatience of the assembly at further 
debate, do not prevent him from going on if 
he pleases. 


ORDER IN DEBATE. 


119 


CHAPTER XII. 

OF ORDER IN DEBATE. 

201. Debate in a deliberative assembly 
must be distinguished from forensic debate, 
or that which takes place before a judicial 
tribunal; the former being, in theory, at least, 
more the expression of individual opinions 
among the members of the same body; the 
latter more a contest for victory, between the 
disputants, before a distinct and independent 
body ; the former not admitting of replies ; the 
latter regarding reply as the right of one of 
the parties.* 

202. It is a general rule, in all deUberative 
assemblies, that the presiding officer shall not 
participate in the debate, or other proceedings, 
in any other capacity than as such officer. 
He is only allowed, therefore, to state mattei s 
of fact within his knowledge ; to inform the 
assembly on points of order or the course of 

*An exception to this rule Is sometimes made in favor 
of the mover of a question, who Is allowed, at the close of 
the debate, to reply to the arguments brought against his 
motion ; but this is a matter of favor and Indulgence, and 
not of right. 



120 


PARLIAMENTARY PRACTICE. 


proceeding, when called upon for that pur¬ 
pose, or when he finds it necessary to do so ; 
and on appeals from his decision on questions 
of order, to address the assembly in debate. 

Sect. I. As to the Manner of speaking. 

203. When a member desires to address 
the assembly, on any subject before it (as 
well as to make a motion), he is to rise and 
stand up in his place, uncovered, and to 
address himself not to the assembly, or any 
particular member, but to the presiding officer, 
who, on hearing him, calls him by his name, 
that the assembly may take notice who it is 
that speaks, and give their attention accord¬ 
ingly. If any question arises, as to who shall 
be entitled to the floor, where several mem¬ 
bers rise at or nearly at the same time, it is 
decided in the manner already described (46), 
as to obtaining the floor to make a motion. 

204. It is customary, indeed, for the pre¬ 
siding officer, after a motion has been made, 
seconded, and proposed, to give the floor to 
the mover in preference to others, if he rises 

* Sometimes a member. Instead of proposing his 
motion, at first, proce<"ds with his speech; out In such a 
case, he Is liable to be taken down to order, unless he 
states that he intends to conclude with a motion, and 



MANNER OF SPEAKING. 


121 


to speak; or, on resuming a debate, after an 
adjournment, to give the floor, if he desires it, 
to the mover of the adjournment, in preference 
to other members; or, where two or more 
members claim the floor, to prefer him who 
is opposed to the measure in question; but, 
in all these cases, the determination of the 
: presiding officer maj- ^>e overruled by the 
assembly. 

205. It is sometimes thought, that, when 
a member, in the course of debate, breaks off 

. his speech, and gives up the floor to another 
' for a particular purpose, he is entitled to it 
again, as of right, when that purpose is 
accomplished ; but, though this is generally 
conceded, yet, when a member gives up the 
floor for one purpose, he does so for all; and 
it is not possible for the presiding officer to 
take notice of and enforce agreements of this 
nature between members. 

206. No person, in speaking, is to mention 
a member then present by his name; but to 
describe him by his seat in the assembly, or 
as the member who spoke last, or last but one, 
or on the other side of the question, or by 

Informs tue assembly wliat that motion Is, and tlien be 
may be allowed to proceed. 




122 


PARLIAMENTARY PRACTICE. 


some other equivalent expression. The pur- | 
pose of this rule is to guard as much as 
possible against the excitement of all personal 
feeling, either of favor or of hostility, by sepa¬ 
rating, as it were, the official from the personal 
character of each member, and having regard 
to the former only in the debate. 

207. If the presiding officer rises up to \ 

sj)eak, any other member, who may have 
risen for the same purpose, ought to sit down, 
in order that the former may be first heard ; 
but this rule does not authorize the presiding ! 
officer to interrupt a member, whilst speaking, I 
or to cut off one to whom he has given the 1 
floor ; he must wait like other members until I 
such member has done speaking. | 

208. A member, whilst speaking, must re- | 
main standing in his place, uncovered ; and ; 
when he has finished his speech, he ought to ;| 
resume his seat; but if unable to stand with- | 
out pain or inconvenience, in consequence of j 
age, sickness, or other infirmity, he may be' 
indulged to speak sitting. 

Sect. II. As to the Manner of speaking. 

i 

209. Every question, that can be made ini 
a deliberative assembly, is susceptible of being,; 





MATTER IN SPEAKING. 


123 


debated, * according to its nature ,* that is, 
every member has the right of expressing his 
opinion upon it. Hence, it is a general rule, 
and the principal one relating to this matter, 
that, in debate, those who speak are to confine 
themselves to the question, and not to speak 
impertinently, or beside the subject. So long 
as a member has the floor, and keeps within 
; the rule, he may speak for as long a time as 
he pleases ; though, if an uninteresting speaker 
trespasses too much upon the time and pa¬ 
tience of the assembly, the members seldom 
fail to show their dissatisfaction in some way 
or other, which induces him to bring his re¬ 
marks to a close. 

210. It is also a rule, that no person, in 
speaking, is to use indecent language against 
the proceedings of the assembly, or to reflect 
upon any of its prior determinations, unless 
he means to conclude his remarks with a 
motion to rescind such determination; but 
while a proposition under consideration is still 

* In legislative bodies, it is usuai to provide, that certain 
questions, as, for example, to adjourn, to lie on the table, 
for tbe previous questlpn, or, as to tbe order of business, 
shall be decided without debate. [In Congress, all 
debate is interdicted.— 




124 PARLIAMENTARY PRACTICE. i 

pending, and not adopted, though it may have 
been reported by a committee, reflections on 
it are no reflections on the assembly. The 
rule applies equally to the proceedings of 
committees; which are, indeed, the proceed¬ 
ings of the assembly. 

211. Another rule in speaking is, that no 
member is at liberty to digress from the mat¬ 
ter of the question, to fall upon the person of 
another, and to speak reviling, nipping, or 
unmannerly words of or to him. The nature 
or consequences of a measure may be repro¬ 
bated in strong terms; but to arraign the 
motives of those who advocate it, is a person¬ 
ality and against order. 

212. It is very often an extremely difiicult 
and delicate matter to decide whether the re¬ 
marks of a member are pertinent or relevant 
to the question ; but it will, in general, be safe 
for the presiding officer to consider them so, 
unless they very clearly reflect, in an improper 
manner, either upon the person or motives of 
a member, or upon the proceedings of the 
assembly; or the member speaking digresses 
from or manifestly mistakes the question. 

213. It often happens in the consideration j 
of a subject, that, whilst the general question 




MATTER IN SPEAKING. V'A 

remains the same, the particular question 
before the assembly is constantly changing; 
thus, while, for example, the general question 
is on the adoption of a series of resolutions, 
the particular question may, at one moment, 
be on an amendment; at another on postpone¬ 
ment ; and, again, on -the previous question. 
In all these cases, the particular question 
supersedes, for the time, the main question; 
and those who speak to it must confine their 
remarks accordingly. The enforcement of 
order, in this respect, requires the closest 
I attention on the part of the presiding officer. 

214. When a member is interrupted by the 
presiding officer, or called to order by a mem¬ 
ber, for irrelevancy or departing from the 
question, a question may be made as to 
whether he shall be allowed to proceed in his 
remarks, in the manner he was speaking when 
he was interruj^ted; but, if no question is 
made, or if one is made and decided in the neg¬ 
ative, he is still to be allowed to proceed in 
order, that is, abandoning the objectionable 
course of remark. 

[The member addressing the chair, will 
say, “I rise to a point of order.” Having 
stated the points which, in his opinion, show 



120 PARLIAMENTARY PRACTICE. 

that the speaker is digressive and irrelevant 
in his remarks, the presiding officer will 
rule whether tjhe member is out of order or 
not. If an appeal is taken from the presi¬ 
dent’s ruling, it is not debatable.— Ed.] 

Sect. III. As to Times of speaking. 

215. The general rule, in all deliberative 
assemblies, unless it is otherwise specially- 
provided, is, that no member shall speak more 
than once to the same question although the 
debate on that question may be adjourned 
and continued through several days; and, | 
although a member, who desires to speak a 
second time, has, in the course of the debate, i 
changed his opinion. 

[This rule exists in Congress, but in as¬ 
semblies which have adopted no rule, mem¬ 
bers may speak twice to principal and sub¬ 
sidiary questions, but not on questions of order 
that are debatable. But whether a member , 
has spoken once or twice, he may speak again ' 
in explanation. —Ed.] 

216. This rule refers to the same question, 

* The mover and seconder, if they do not speak to the 
<|nestion, at the time when the motion is made and sec- 4 
onded, have the same right with other members to address , 
the assembly. j 




TIMES OF SPEAKING. 


127 


technically considered; for, if a resolution is 
moved and debated, and then referred to a 
committee, those who speak on the introduc¬ 
tion of the motion may speak again on the 
question presented by the report of the com¬ 
mittee, though it is substantially the same 
question with the former; and, so, members, 
who have spoken on the principal or main 
question, may speak again on all the sub¬ 
sidiary or incidental questions arising in the 
course of the debate. 

217. The rule, as to speaking but once on 
a question, if strictly enforced, will prevent a 
member from speaking a second time without 
the general consent of the assembly, so long 
as there is any other member who himself 
desires to speak; but, when all who desire ta 
speak have spoken, a member may speak a 
second time by leave of the assembly. 

218. A member may also be permitted to- 
speak a second time, in the same debate, in 
order to clear a matter of fact; or merely to 
explain himself in some material part of his. 
speech ; or to the orders of the assembly, if 
they be transgressed (although no question 
may be made), but carefully keeping within 
that line and not falling into the matter itself* 



128 


PARLIAMENTARY PRACTICE,. 


219. It is sometimes supposed, that, be¬ 
cause a member has a right to explain him- ; 
self, he therefore has a right to interrupt an- i 
other member whilst speaking, in order to | 
make the explanation : but this is a mistake ; i 
he should wait until the member speaking has ! 
finished; and if a member^ on being requested, , 
yields the floor for an explanation, he relim > | 
quishes it /^together. 

Sect. IY. As to stopping Debate. 

220. The only mode in use, in this country, i 

until recently, for the purpose of putting an j 
end to an unprofitable or tiresome debate, ' 
was by moving the previous question; the 
effect of which motion, as already explained, 
if decided in the affirmative, is to require the 
main or principal question to be immediately 
taken. When this question is moved, there¬ 
fore, it necessarily suspends all further con¬ 
sideration of the main question, and precludes 
all further debate or amendment of it; though, : 
as has been seen, it stands in the same degree - 
with postponement, amendment, and commit- || 
ment; and, unless in virtue of a special rule, 1 
cannot be moved while either of those mo- 1 
tions is pending. M 




STOPPING DEBATE. 


120 


221. The other mode of putting an end to 
debate, which has recently been introduced 
into use, is for the assembly to adopt before- 
I hand a special order in reference to a particular 
subject, that, at such a time specified, all de- 
i bate upon it shall cease, and all motions or ques¬ 
tions pending in relation to it shall be decided. 

I 222. Another rule, which has lately been 
j introduced for the purpose of shortening 
' rather than stopping debate, is, that no mem¬ 
ber shall be permitted to speak more than a 
certain specified time on any question ; so that, 
when the time allotted has expired, the pre¬ 
siding officer announces the fact, and the 
member speaking resumes his ser.t. 

[Closure. —Under this name, the British 
Parliament (1884) introduced a rule that when 
d>bate has become tedious and disorderly, 
obstructs the imperative business of the house, 
and is considered to imperil the interests of 
the country, it may be summarily closed by a 
majority vote, and the measure under consider¬ 
ation be thereupon submitted to the decision 
of the assembly.—The Congress of the United 
States (1886) has adopted a more effectual 
rule to enable a question, after reasonable de¬ 
bate, to be taken at oncp 

p. 



ISO 


PARLIAMENTARY PRACTICE. 


The rule which limits a speaker to a speci¬ 
fied time prevails in most deliberative assem¬ 
blies, as well as in courts of law, and is an 
effectual check to prolix and unprofitable de¬ 
bate. Where every member has a right to be 
heard, the rule should be rigidly enforced, 
not only to facilitate business, but in order 
that the session shall not be protracted to an 
unseasonable hour. A motion to adopt this 
rule should be. seconded, and a vote taken 
without debate, its design being not to in¬ 
crease, but to prevent the consumption of 
time.—E d,] 

Sect. V. As to Decorum in Debate. 

223. Every member having the right to be 
heard, every other member is bound to con¬ 
duct himself in such a manner, that this right 
may be effectual. Hence, it is a rule of order, 
as well as of decency, that no member is to 
disturb another in his speech by hissing, 
coughing, spitting; by speaking, or whisper¬ 
ing ; by passing between the presiding officer 
and the member speaking; by going across 
the assembly-room, or walking up and down 
in it; or by any other disorderly deportment. 


STOPPING DEBATE. 


131 


which tends to disturb or disconcert a member 
who is speaking. 

224. But, if a member speaking finds, that 
he is not regarded with that respectful atten¬ 
tion, which his equal right demands,—that 
it is not the inclination of the assembly to 
hear him,—and that by conversation or any 
other noise they endeavor to drown his voice, 
—it is his most prudent course to submit him¬ 
self to the pleasure of the assembly, and to sit 
down; for it scarcely ever happens, that the 
members of an assembly are guilty of this 
piece of ill manners, without some excuse or 
provocation, or that they are so wholly inat¬ 
tentive to one, who says any thing worth their 
hearing. 

225. It is the duty of the presiding officer, 
in such a case, to endeavor to reduce the 
assembly to order and decorum; but, if his 
repeated calls to order, and his appeals to the 
good sense and decency of the members, 
prove ineffectual, it then becomes his duty to 
call by name any member who obstinately 
])ersists in irregularity; whereupon the as¬ 
sembly may require such member to with¬ 
draw ; who is then to be heard, if he desires 
it, in ex-culpatiop, and to withdraw ; then the 




132 PARLIAMENTARY PRACTICE. ! 

presiding officer states the offence committed, 
and the assembly considers of the kind and 
degree of punishment to be inflicted. 

226. If, on repeated trials, the presiding 
officer finds that the assembly will not support 
him in the exercise of his authority, he will 
then be justified, but not till then, in permit¬ 
ting, without censufe, every kind of disorder. 

Sect. VI. As to Disorderly Words. 

227. If a member, in speaking, makes use 
of language, which is personally offensive to 
another, or insulting to the assembly, and the 
member offended, or any other, thinks proper 
to complain of it to the assembly, the course 
of proceeding is as follows : 

228. The member speaking is immediately 
interrupted in the course of his speecn, by 
another or several members rising and calling 
to order; and, the member, who objects or 
complains of the words, is then called upon 
by the presiding officer to state the words 
which he complains of, repeating them exactly 
as he conceives them to have been spoken, 
in order that they may be reduced to writing 
by the clerk; or the member complaining, 
without being so called upon, may proceed at 


DECORUM IN DEBATE. 


133 


once to state the words either verbally or in 
writing, and desire that the clerk may take 
them down at the table. The presiding 
officer may then direct the clerk to take them 
down; but if he sees the objection to be a 
trivial one, and thinks there is no foundation 
I for their being thought disorderly, he will 
I prudently delay giving any such directions, in 
order not unnecessarily to interrupt the pro¬ 
ceedings ; though if the members generally 
! seem to be in favor of having the words taken 
t down, by calling out to that effect, or by a 
' vote, which the assembly may doubtless pass, 
the presiding officer should certainly order the 
clerk to take them down, in the form and 
j manner in which they are stated by the 
member who objects. 

229. The words objected to being thus 
written down, and forming a part of the 
minutes in the clerk’s book, they are next to 
be read to the member who wns speaking, 
who may deny that those are the words 
which he spoke, in which case, the assembly 
must decide by a question, whether they 
I are the words or not.* If he does not deny 

* The words, ns vTitten down, may be amended, so as to 
•onform to what thoassembly thinks to be the truth. 




134 


PARLIAMENTABT PEACTICE. 


that he spoke those words, or when the 
assembly has itself determined what the 
words are, then the member may either 
justify them, or explain the sense in which 
he used them, so as to remove the objection 
of their being disorderly; or he may make an 
apology for them. 

230. If the jnstification, or explanation, or 
apology, of the member, is thought sufficient 
the assembly, no further proceeding is 
n^bcessary ; the member may resume and go 
op with his speech, the assembly being pre¬ 
sumed, unless some further motion is made, 
to be satisfied ; but if any two members (one 
to make and the other to second the motion) j 
think it necessary to state a question, so as j 
to take the sense of the assembly upon the 
words, and whether the member in usino* 
tkem has been guilty of any offence towards 
the assembly, the member must withdraw 
before that question is stated ; and then the i 
sense of the assembly must be taken, and 
suph further proceedings had in relation to 
punishing the member, as may be thought - 
necessary pnd proper. 

' 231. The above is the course of proceeding ‘ 
established by the writers of greatest a 4 .ithor- ■ 




DISORDERLY WOliDS. 


135 


ity *, and ought invariably to be pursued; it 
might however be improved, by the member 
who objects to words writing them down at 
once, and thereupon moving that they bo 
made a part of the minutes ; by which means, 
i the presiding officer would be relieved from 
I the responsibility of determining, in the first 
instance, upon the character of the words. 

232. If offensive words are not taken notice 
of at the time they are spoken,f but the 
member is allowed to finish his speech, and 
! then any other person speaks, or any other 
: matter of business intervenes, before notice is 
I taken of the words which gave offence, the 
I words are not to be Avritten down, or the 
member using them censured. This rule is 
established for the common security of all the 
members ; and to prevent the mistakes'which 
must necessarily happen, if words complained 
of are not immediately reduced to writing. 

* Mr. Ilatsell, iu England, and Mr. Jefferson, in this 
country. 

t Air. Jefferson 6§ 17) lays it down, that “ disorderly 
words are not to be' noticed till the raember has finished 
his speech.’ But in tliis, lie is contiadicted by HatselJ* 
as well as by the general practice of legi^ative bodies. 




186 


PARLIAME2STAKY PRACTICE. 


CHAPTER XIII. 

OF THE QUESTION. 

233. When any proposition is made to a 
deliberative assembly, it is called a motion / 
when it is stated or propounded to the as¬ 
sembly, for their acceptance or rejection, it is 
denominated a question ; and, when adopted^ 
it becomes the order^ resolution^ or vote^ of the 
assembly. 

234. All the proceedings, which have thus 
far been considered, have only had for their 
object to bring a proposition into a form to be 
put to the question; that is, to be adopted as 
the sense, will, or judgment, of the assembly, 
or to be rejected; according as such propo¬ 
sition may be found to unite in its favor, or 
to fail of uniting, a majority of the mem¬ 
bers. 

235. When any proposition, whether princi¬ 
pal, subsidiary, or incidental, or of whatever 
nature it may be, is made, seconded, and 
stated, if no alteration is proposed,—or if it 
admits of none, or if it is amended,—and the 


FORM OF QUESTION. 


137 


debate upon it, if any, appears to be brought 
to a close, the presiding officer then inquires, 
whether the assembly is ready for the ques¬ 
tion ? and, if no person rises, the question is 
then stated, and the votes of the assembly 
taken upon it. 

236. The question is not always stated to 
! the assembly, in the precise form in which it 
arises or is introduced ; thus, for example, 
when a member presents a petition, or the 
chairman of a committee offers a report, the 
question which arises, if no motion is made, 
is. Shall the petition or the report he received? 
and, so, when the previous question is moved, 

1 it is stated in this form, Shall the main qiies^ 
tion he now put f —the question being stated, 

I in all cases, in the form in which it will appear 
I on the journal, if it passes in the affirmative, 

1 *237. In matters of trifling importance, or 

which are generally of course, such as re- 
ceiving petitions and reports, withdrawing 
I motions, reading papers,” &c., the presiding 
; officer most commonly supposes or takes for 
granted the consent of the assembly, where 
no objection is expressed, and does not go 
through the formality of taking the question 
by a vote. But if, after a vote has been 




PARLIxVMENTARY PRxVCTICE. - 

taken in this informal way and declared, any 
member rises to object, the presiding officer 
should consider every thing that has passed 
as nothing, and, at once, go back and pursue 
the regular course of proceeding. Thus, if a 
petition is received, without a question, and 
the clerk is proceeding to read it, in the usual 
order of business, if any one rises to object, 
it will be the safest and most proper course, 
for the presiding officer to require a motion for 
receiving it to be regularly made and sec¬ 
onded. 

238. The question being stated ,by the pre¬ 
siding officer, he first puts it in the affirmative, 
namely: As many as are of opinion that — 
repeating the words of the question,— say 
aye; and, immediately, all tlie members who 
are of that opinion answer aye ; the presiding 
officer then puts the question negatively; As 
many as are of a diferent opinion, say no ; 
and, thereupon, all the members who are of 
that opinion answer no. The presiding officer * 
judges by his ear which side has “ the more | 
voices,’' and decides accordingly, that the ayes \ 
have it, orthenoes have it, as the case may be. 1 
If the presiding officer is doubtful as to the j 
majority of voices, he may put the question a j 


TAKING THE QUESTION. 


139 


second time, and if he is still unable to decide, 
or, if, having decided according to his judg¬ 
ment, any member rises and declares that he 
believes the ayes or the noes (whichever k may 
be) Jmee contrary to the declaration of the 
presiding officer,* then the presiding officer 
directs the ^issembly to divide, in order that 
the meml)ers on the one side and the other 
may be counted. 

239. If, however, any new motion should 
be made, after tlie presiding officer’s decla^ 
ration, or, if a member, who was not m the 
assembly-room when the question was taken, 
should come in, it will then be too late to 
contradict the presiding officer, and have the 
assembly divided. 

240. The above is the parliamentary form 
of taking a question, and is in general use in 
this country ; but, in some of our legislative 
assemblies, and especially in those of the New 
England states, the suffrages are given 
by the members holding up their right hands, 
first, those in the affirmative, and then those 
in the negative, of the question. If the pre¬ 
siding officer cannot determine, by the show 

• The most common expression is; “ I doubt the vote,” 
or. “ that vote is doubted.” 



140 PARLIAMENTARY PRACTICE. 

of hands, which side has the majority, he may 
call ujion the members to vote again, and if 
he is still in doubt, or if his declaration is 
questioned, a division takes place. When 
the question is taken in this manner, the pre¬ 
siding officer directs the members, first on the 
affirmative side, and then on the negative, to 
manifest their opinion by holding up the right 
hand. 

241. When a division of the assembly takes 
place, the presiding officer sometimes directs 
the members to range themselves on different 
sides of the assembly-room, and either counts 
them himself, or they are counted by tellers 
appointed by him for the purpose, or by moni¬ 
tors permanently appointed for that and other 
purposes ; or the members rise in their seats, 
first on the affirmative and then on the nega¬ 
tive, and (standing uncovered) are counted in 
the same manner. When the members are 
counted by the presiding officer, he announces 
the numbers and declares the result. When 
they are counted by tellers or monitors, the 
tellers must first agree among themselves, and 
then the one who has told for the majority 
reports the numbers to the presiding officer, 
who, thereupon, declares the result. 



YEAS AND NAYS. 


141 


242. The best mode of dividing an assembly, 
that is at all numerous, is for the presiding 
officer to appoint tellers for each division 
or section of the assembly-room, and then 
to require the member's, first those in the 
affirmative, and then those in the nesra- 
tive, to rise, stand uncovered, and be 
counted ; this being done, on each side, the 
tellers of the several divisions make their 
returns, and the presiding officer declares 
the result. 

243. If the members are equally divided, the 
presiding officer may, if he pleases, give the 
casting vote ; or, if he chooses, he may refrain 
from voting, in which case, the motion does 
not prevail, and the decision is in the neg¬ 
ative. [See § 25, also page 146, § 249. 

244. It is a general rule, that every member, 
who is in the assembly-room at the time 
when the question is stated, has not only 
the right but is bound to vote ; and, on the 
other hand, that no member can vote, who 
was not in the room at that time. 

245. The only other form of taking the 
question, which requires to be described, is 
one ill general use in this country, by means 
of which the names of the members votinof on 





142 


PARLIAMENTARY PRACTICB. 


the one side and on the other are ascertained 
and entered in the journal of the assembly. 
This mode, which is ])eculiar to the legislative 
bodies of the United States, is called taking 
the question by yeas and nays. In order to 
take a question in this manner, it is stated on 
both sides at once, namely: As many as are 
of opinion^ that, etc., will when their names 
are called, answer yes ; and. As many as are 
of a different opinion will, lohen their names 
are called answe^r no; the roll of the assembly 
is then called over by the clerk, and each 
member, as his name is called, rises in his 
place, and answers yes or no, and the clerk 
notes the answer as the roll is called. When 
the roll has been gone through the clerk reads 
over first the names of those who have an¬ 
swered in the affirmative and then the names 
of those who have answered in the negative, 
in order that if he has made any mistake in 
noting the answer, or if any member has made 
a mistake in his answer, the mistake of 
either may be corrected. The names having 
been thus read over, and the mistakes, if any, 
corrected, the clerk counts the numbers on 
each side, and reports them to the presiding 
officer, who declares the result to the assembly. 


YEAS AXD XAV&. 


143 


[^By the Constitution of tlie United States 
one fifth of the members of Congress may 
oompel the taking of a question by yeas and 
nays. In many of the State constitutions the 
number is the same ; in some, the power is 
given to three, in some to two, and in some 
to one member. In all deliberative bodies 
which have no prescribed rule on the subject, 
the yeas and nays can be ordered only by the 
majority, ascertained by motion, question 
and vote. Yide Par. 25, note .— Ed.] 

246. The following is the mode practised 
in the house of representatives of Massachu¬ 
setts, (which is by far the most numerous of 
all the legislative bodies in this country,) of 
taking a question by yeas and nays. The 
names of the members being printed on a 
sheet, the clerk calls them in their order ; and 
as each one answers, the clerk (responding to 
the member, at the same time) places a figure 
in pencil, expressing the number of the an¬ 
swer, at the left or right of the name, accord¬ 
ing as the answer is yes or no; so that the 
last figure or number, on each side, shows the 
number of the answers on that side ; and the 
two Last numbers or figures represent the re¬ 
spective number of the affirmatives and nega- 


144 


rARLlAMKNTARY PRACTICE. 


tiveson the division. Thus, at the left hand of 
the name of the member who first answers yes^ 
the clerk places a figure 1 ; at the right hand 
of the first member who answers he also 
places a figure 1; the second member that 
answers yes is marked 2; and so on to the 
end of the list; the side of the name, on which 
the figure is placed, denoting wdiether the 
answer is yes or no^ and the figure denoting 
the number of the answer on that side. The 
affirmatives and negatives are then read sep¬ 
arately, if necessary, though this is usually 
omitted, and the clerk is then prepared, by 
means of the last figure on each side, to give 
the numbers to the speaker to be announced 
to the house. The names and answers are 
afterwards recorded on the journal. 

247. In any of the modes of taking a ques¬ 
tion, in which it is first put on one side, and 
then on the other, it is no full question, until 
the negative as well as the affirmative has 
been put. Consequently, until the negative 
has been put, it is in order for any member, in 
the same manner as if the division had not 
commenced, to rise and speak, make motions 
for amendment, or otherwise, and thus renew 
the debate; and this, whether such member 


QUESTIONS ON A DIVISION. 146 

was in the assembly-room or not, when the 
question was put and partly taken. In such a 
case, the question must be put over again on 
the affirmative as well as the negative side ; 
for the reason, that members who were not in 
the assembly-room, when the question was 
first put, may have since come in, and also 
that some of those who voted, may have since 
changed their minds. When a question is 
taken by yeas and nays, and the negative as 
well as the affirmative of the question is 
stated, and the voting on each side begins 
and proceeds at the same time, the question 
cannot be opened and the debate renewed, 
after the voting has commenced. 

[A member who asserts that he voted by 
mistake, may change his vote after the yeas 
and nays are called. In some legislative bodies 
however, members are permitted to change 
their votes even after the business is disposed 
of, provided such change does not alter tlm 
result.—Thus they are given the benefit of 
the “ sober second thought ” as to which side 
will be popular with their constituents who 
inspect the yeas and nays.— Ed.] 

248. If any question arises, in a point of 
order, as, for example, as to the right or the 


r46 PARLIAMENTARY PRACTICE. 

duty of a merabor to vote, during a division, 
the presiding officer must decide it peremi^to- 
rily, subject to the revision and correction of 
the assembly, after the division Is over. In a 
case of this kind, there can be no debate, 
though the presiding officer may if he pleases 
receive the assistance of members with their 
advice, which they are to give sitting, in order 
to avoid even the appearance of a debate; 
but this can only be with the leave of the 
presiding officer, as otherwise the division 
might be prolonged to an inconvenient length; 
nor can any question be taken, for otherwise 
there might be division upon division without 
end. 

249. AYhen, from counting the assembly on 
a division, it appears thut there is not a quo¬ 
rum present, there is no decision : but the mat¬ 
ter in question continues in the same state, in 
which it was before the division; and, when 
afterwards resumed, whether on the same or 
on some future day, it must be taken up at 
that precise point. 

[It is sometimes claimed that it is the “ duty of the presiding offi. 
cer to give the casting vote/’ but this depends on the law, or the 
will of the assembly, as expressed in the rules which it has adopted 
to regulate its proceedings. In most assemblies the presiding officer 
gives the casting vote according to a fixed rule or custom ; but it is 
not his “ duty ” to do so under general parliamentary law — The 
Constitution of the United States perjnits the President of the Sen¬ 
ate to vote on a tie only—but doe# not cctmnand it. See § 24 J.— 


Biiicu:)! SIDERATION. 


147 


CHAPTER Xiy. 

OF RECONSIDERATION. 

250. It is a principle of parliamentary law, 
upon which many of the rules and proceedings 
previously stated are founded, that when a 
question has been once put to a deliberative 
assembly, and decided, whether in the affirm¬ 
ative or negative, that decision is the judgment 
of the assembly, and cannot be again brought 
into question. 

251. This principle holds equally, although 
the question proposed is not the identical 
question which has already been decided, but 
only its equivalent; as, for example, where 
the negative of one question amounts to the 
affirmative of the other, and leaves no other 
alternative, these questions are the equiva¬ 
lents of one another, and a decision of the one 
necessarily concludes the other. 

252. A common application of the rule as 
to equivalent questions occurs in the case 
of an amendment proposed by striking out 
words; in which it is the invariable practice to 




148 


P/KLIAMENTAKY PEACTICE. 


csgnsider the negative of striking out as equiv¬ 
alent to the affirmative of agreeing ; so that to 
put a question on agreeing, after a question 
on striking out is negatived, would be, in 
effect, to put the same question twice over. 

253. The principle above stated does not 
apply so as to prevent putting the same ques¬ 
tion in the different stages of any proceeding, 
as, for example, in legislative bodies, the 
different stages of a bill; so, in considering 
reports of committees, questions already taken 
and decided, before the subject was referred, 
may be again proposed ; and, in like manner, 
orders of the assembly, and instructions or 
references to committees, may be discharged 
or rescinded. 

254. The inconvenience of this rule, which 
is still maintained in all its strictness in the 
British parliament (though divers expedients 
are there resorted to[as an explanatory or 
amending act] to counteract or evade it), has 
led to the introduction into the parliamentary 
practice of this country of the motion for re¬ 
consideration ; [which is not known in England] 
which, while it recognizes and upholds the 
rule in all its ancient strictness, yet allows a 
deliberative assembly, for sufficient reasons, to 


RECONSIDERATION. 


149 


relieve itself from the embarrassment and in¬ 
convenience, which would occasionally result 
from a strict enforcement of the rule in a 
particular case. 

^ *255. It has now come to be a common 

practice in all our deliberative assemblies, and 
may consequently be considered as a principle 
of the common parliamentary law of this 
country, to reconsider a vote already passed, 
whether affirmatively or negatively. 

256. For this purpose, a motion is made 
and seconded, in the usual manner, that such 
a vote be reconsidered ; and, if this motion 
prevails, the matter stands ‘before the assem¬ 
bly ill precisely the same state and condition, 
and the same questions are to be put in re¬ 
lation to it, as if the vote reconsidered had 
never been passed. Thus, if an amendment 
by inserting words is moved and rejected, the 
same amendment cannot be moved again ; 
out, the assembly may reconsider the vote by 
which it was rejected, and then the question 
will recur on the amendment, precisely as if 
the former vote had never been passed. 

257. It is usual in legislative bodies, to 
regulate by a special rule the time, manner, 
and by whom, a motion to reconsider may he 



150 


PABLIAMEJ^TART PRACTICE. 


made; thus, for example, that it shall be made- 
only on the same or a succeeding day,—by a 
member who voted with the majority,—or 
at a time when there are as many members, 
present as there were when the vote was 
passed; but, where there is no special rule on 
the subject, a motion to reconsider must be 
considered in the same light as any other 
motion, and as subject to no other rules. 

[The member who makes the motion, wheth¬ 
er there is a special rule on the subject or not^ 
must belong to the majority, or to the dom¬ 
inant party in a legislative body ; it cannot be 
made by one in the minority, especially where 
the majority in favor of the }>roposition is 
manifestly immovable. All rules, special or 
general, should tend to discourage a waste of 
time.—In the Senate of the United States- 
there Avas in force, until lately, a rule Avhich 
prevented debate on the motion to reconsider;; 
but on June 21st, 1886, Mr. Edniunds’s resolu¬ 
tion to amend the rules so as to admit of de¬ 
bate on a motion to reconsider Avas passed, and 
the rules AA^ere amended accordinwlv. The 
rule, as thus amended, is in accordance AA’ith 
good parliamentary law; for when the motion, 
for reconsideration is made, and again when 
it prevails, the motion being a new one, neces¬ 
sarily brings up for discussion the merits of 
the original question.—Ed.l 


COMillTTEES. 


151 


OHAPTER XV. 

OF COMMITTEES. 

Sect. I Their N.vture axd Functions. 

258. It is usual in all deliberative assem¬ 
blies, to take the preliminary (sometimes, 
also, the intermediate) measures, and to pre¬ 
pare matters to be acted upon, in the as¬ 
sembly, by means of committees, composed 
either of members specially selected for the 

; particular occasion, or appointed beforehand 
for all matters of the same nature. 

259. Committees of the first kind are 
usually called select^ the others standing; 
though the former appellation belongs with 
equal propriety to both, in order to distinguish 
them from another form of committee, con¬ 
stituted either for a particular occasion, or for 
all cases of a certain kind, which is composed 
of all the members of the assembly, and there¬ 
fore denominated a committee of the tohole, 

260. The advantages of proceeding in thin 
mode are manifold. It enables a deliberative 
assembly to do many things, which, from ita 



162 


PAKLIAMENTAKY PRACTICE. 


numbers, it would otherwise be unable to do ; t 
—to accomplish a much greater quantity of ; 
business, by dividing it among the members,' 
than could possibly be accomplished, if the ii 
whole body were obliged to devote itself to| 
each particular subject;—and to act in 
preliminary and preparatory steps, with aj; 
greater degree of freedom, than is comj^atible j 
with the forms of proceeding usually observed ! 
in full assembly. | 

261. Committees are appointed to consider j 
a particular subject, either at large or under i 
special instructions : to obtain information in i 
reference to a matter before the assembly,] 
either by personal inquiry and inspection, or ] 
by the examination of witnesses ; and to ■ 
digest and ])ut into the proper form, for the- ; 
adoption of the assembly, all resolutions, votes,,! 
orders, and other papers, with which they i 
may be charged. Committees are cominonl)! J 
said to be the “ eyes and ears” of the assem-i 
bly ; It is equally true, that, for certain pur-*!! 
poses, they are also its “ head and hands.” i 

262. Tlie powers and functions of commit* i 
tees depend chiefly upon the general authority | 
and particular instructions given them by the; 
assembly, at the time of their appointment 



APPOINTMENT OP COMMITTEES. 153 

but they may also be, and very often are, 
further instructed, whilst they are in the exer¬ 
cise of their functions; and, sometimes, it 
I even happens, that these additional instruc- 
j tions wholly change the nature of a commit- 
I tee, by charging it with inquiries quite differ- 
I ent from those for which it was originally 
; established. 

Sect. II. Their Appointment. 

263. In the manner of appointing commit, 
i tees, there is no difference between standing 
j and other select committees, as to the mode 
I of selecting the members to compose them; 
land, in reference to committees of the whole, 
jas there is no selection of members, they are 
[appointed simply by the order of the assem¬ 
bly. 

264. In the appointment of select commit¬ 
tees, the first thing to be done is to fix upon 
the number. This is usually effected in the 
same manner that blanks are filled, namely, 
by members proposing, without the formality 
of a motion, such numbers as they please, 
which are then separately put to the question> 
beginning with the largest and going regularly 



164 PARLIAMENTARY PRACTICE. 

through to the smallest, until the assembly 
comes to a vote. 

265. The number being settled, there are 
three modes of selecting the members, to wit, 
by the appointment of the presiding officer,— 
by ballot,—and by nomination and vote of 
liie assembly; the first, sometimes in virtue 
of a standing rule, sometimes in pursuance of 
a vote of the assembly in a particular case ; 
the second always in pursuance of a vote; 
the last is the usual course where no vote is 
taken. 

266. In deliberative assemblies, whose sit-; 
tings are of considerable length, as legislative 
bodies, it is usual to provide by a standing ' 
rule, that, unless otherwise ordered in a par-i 
ticular case, all committees shall be named by 
the presiding officer. Where this is the case,] 
whenever a committee is ordered, and the 
number settled, the presiding officer at once 
names the members to compose it. Some-; 
times, also, the rule fixes the number, of which, 
unless otherwise ordered, committees shall 
consist. This mode of appointing a committee 
is frequently resorted to, where there is no 
rule on the subject. 

267. When a committee is ordered to be 


APPOINTMENT OP COMMITTEES. 155 


appointed by ballot, the members are chosen 
by the assembly, either singly or all together, 
as may be ordered, in the same manner that 
other elections are made ; and, in such elec¬ 
tions, as in other cases of the election of the 
officers of the ?<ssembly, a majority of all the 
, votes given in is necessary to a choice. 

268. When a committee is directed to be 
i, appointed by nomination and vote, the names 

of the members proj^osed are put to the ques¬ 
tion singly, and approved or rejected by the 
I assembly, by a vote taken in the usual manner. 

I If the nomination is directed to be made by 
the presiding officer, he may propose the 
names in the same manner, or all at once ; the 
former mode being the most direct and simple ; 
the latter enabling the assembly to vote more 
understandingly upon the several names pro¬ 
posed, When the nomination is directed to 
be made at large, the presiding officer calls' 
upon the assembly to nominate, and names V 
being mentioned accordingly, he puts to vote 
the first name he hears. 

269. It is also a compendious mode of ap. 
pointing a committee, to revive one which ha« 
already discharged itself by a report ; or by 
charging a committee appointed for one pur- 



156 


PARLIAMENTARY PRACTICE. 


pose with some additional duty, of the same 
or a different character. 

270. In regard to the appointment of com¬ 
mittees, so far as the selection of the members 
is concerned, it is a general rule in legislative 
bodies, when a bill is to be referred, that none 
who speak directly against the body of it are 
to be of the committee, for the reason, that he 
who would totally destroy will not amend ; 
but, that, for the opposite reason, those who 
only take exceptions to some particulars in the 
bill are to be of the committee. This rule 
supposes the purpose of the commitment to 
be, not the consideration of the general merits 

the bin, but the amendment of it in its par- 
icular provisions, so as to make it acceptable 
io the assembly. 

271. This rule, of course, is only for the 
guidance of the presiding officer, and the 
members, in the exercise of their discretion ; 
as the assembly may refuse to excuse from 
serving, or may itself appoint, on a committee, 
persons who are opposed to the subject refer¬ 
red. It is customary, however, in all deliber¬ 
ative assemblies, to constitute a committee 
of such persons, (the mover and seconder 
of a measure being of course appointed,) a 


PROCEEDINGS OF COMMITTEES. 157 

majority of whom, at least, are favorably in¬ 
clined to the measure proposed. [Practically 
the majority is taken from the political party 
dominant in the assembly, because a partisan 
measure is expected and desired. —.Ed.] 

272. When a committee has been appointed,, 
in reference to a particular subject, it is the 
duty of the secretary of the assembly to make 
out a list of the members, together with a 
certified copy of the authority or instructions 
L under which they are to act, and to give the 
papers to the member first named on the list 
t of the committee, if convenient, but, other- 
j wise, to any other member of the committee, 

I Sect. III. Their Organization an» 
Manner op Proceeding. 

' 273. The person first named on a committee 

acts as its chairman, or presiding officer, so far 
as relates to the preliminary steps to be taken, 
and is usually permitted to do so, through the 
whole proceedings; but this is a matter of 
courtesy ; every committee having a right to 
elect its own chairman, who presides over it, 
and makes the report of its proceedings to the 
assembly. 

274. A committee is properly to receive 



158 


PASLIAMENTARY PRACTICE. 


directions from the assembly, as to the time 
and place of its meeting, and cannot regularly 
sit at any other time or place ; and it may be 
ordered to sit immediately, whilst the assembly 
is sitting, and make its report forthwith, 

275. When no directions are given, a com¬ 
mittee may select its own time and place of i 
meeting; but, without a special ordeV to that • 
effect, it is not at liberty to sit whilst the j 
assembly sits; and, if a committee is sitting, \ 
when the assembly comes to order after an , 
adjournment, it is the duty of the chairman to ( 
rise, instantly, on being certified of it, and, 
with the other members, to attend the service 
of the assembly. 

276. In regard to its forms of proceeding, a 
committee is essentially a miniature assembly ; 
—it can only act when regularly assembled 
together, as a committee, and not by separate 
consultation and consent of the members; j 
nothing being the agreement or report ot a \ 
committee, but what is agreed to in that \ 
manner;—a vote taken in committee is as i 
binding as a vote of the assembly;—a majority ’ 
of the members is necessary to constitute a ' 
quorum for business, unless a larger or smaller j 
number has been fixed by the assembly itself; 




PROCEEDINGS OF COMMITTEES. 


159 


-«-and a committee has full power over what¬ 
ever may be committed to it, except that it is 
not at liberty to change the title or subject, 

277. A committee, which is under no direc¬ 
tions as to the time and place of meeting, may 
meet when and where it pleases, and adjourn 
itself from day to day, or otherwise, until it 

1 has gone through with the business committed 
1 to it ; but, if it is ordered to meet at a par¬ 
ticular time, and it fails of doing so, for any 
cause, the committee is closed, and cannot 
: act without being newly directed to sit. 

278. Disorderly words spoken in a commit- 
: tee must be written down in the same manner 
i as in the assembly; but the committee, as. 
I such, can do nothing more than report them 

I to the assembly for its animadversion ; neither 
can a committee punish disorderly conduct 
of any other kind, but must report it to the 
assembly. 

279. When any paper is before a committee 
whether select or of the whole, it may either 
have originated with the committee, or have 
been referred to them ; and, in either cas«,, 
when the j^aj^er comes to be considered, the 
course is for it to be first read entirely through^ 
by the clerk of the committee, if there is one. 



160 


PAKLIAMENTAKY PRACTICE. 


otherwise by the chairman ; and then to be 
read through again by paragraphs by the 
chairman, pausing at the end of each 2 )aragraph, 
and putting questions for amending, either by 
striking out or inserting, if proposed. This is 
the natural order of proceeding in considering 
and amending any paper, and is to be strictly 
adhered to in the assembly ; but the same 
strictness does not seem necessary in a com¬ 
mittee. 

280. If the paper before a committee is 
one which has originated with the committee, 
questions are put on amendments proposed, 
but not on agreeing to the several paragraj)hs 
of which it is composed, separately, as they 
are gone through with ; this being reserved 
for the close, when a question is to be put on 
the whole, for agreeing to the paper, as amend¬ 
ed, or unamended. 

281. If the paper be one, which has been 
referred to the committee, they proceed as in 
the other case to put questions of amendment, 
if proposed, but no final question on the 
whole ; because all the parts of the paper, hav¬ 
ing been passed u]:)on if not adopted by the 
assembly as the basis of its action, stand, of 
course, unless altered or struck out by a '«^ote 


PROCEEDINGS OF COMMITTEES. 


161 


of the assembly. And even if the committee 
are oj)])osed to the whole paper, and are of 
opinion, that it cannot be made good by 
amendments, they have no authority to reject 
it; they must report it back to the assembly, 
without amendments, (specially stating their 
objections, if they think proper,) and there 
make their opposition as individual members.* 

282. In tiie case of a paper originating 
with a committee, they may erase or interline 
it as much as they please ; though, when final¬ 
ly agreed to, it ought to be reported in a clear 
draft, fairly written, without erasure or inter- 
iineation. 

283. But, in the case of a paper referred to 
a committee, they are not at liberty to erase, 
interline, blot, disfigure, or tear it, in any 
manner; but they must, in a separate paper, 
set down the amendments they have agreed 
to report, stating the words which are to be 
inserted or omitted, and the places where the 
amendments are to be made, by references to 
the paragraph or section, line, and word. 

284. If the amendments agreed to are very 

* This rale is not applicable, of coarse, to those cases ia 
which the suhjkot, as well as the form ok details of a 
paper, is referred to the committee. 

P. M.—6 




m 


PARLIAMENTARY PRACTICE. 


numerous and minute, the committee may re¬ 
port them altogether, in the form of a new and 
amended draft. 

285. When a committee has gone through 
the paper, or agreed upon a report on the sub¬ 
ject, which has been referred so them, it is 
then moved by some member, and thereupon 
voted, that the committee rise, and that the 
chairman, or some other member, make their 
report to the assembly. 

Sect. IV. Their Report. 

286. When the report of a committee is to i 
be made, the chairman, or member aj^pointed : 
to make the report, standing in his ]dace, in- ^ 
forms the assembly, that the committee, to 
whom was referred such a subject or paper, ; 
have, according to order, had the same under ^ 
consideration, and have directed him to make i 
a report thereon, or to report the same with • 
sundry amendments, or without amendment, " 
as the case may be, which he is ready .lo do, 
when the assembly shall please ; and he or any J 
any other member may then move that the ^ 
report be now received. On this motion be- a 
ing made, the question is put whether the as- I 


REPORT OF COMMITTEE. 


16S 


seinbly will receive the report at that time; 
and a vote passes, accordingly, either to receive 
it then, or fixing upon some future time for its 
reception. 

287. At the time, when, by the order of 
I the assembly, the report is to be received, the 
I chairman reads it in his place, and then de¬ 
livers it, together with all the 23apers, connect¬ 
ed with it, to the clerk at the table ; where it 
IS again read, and then lies on the table, until 

: the time assigned, or until it suits the conven¬ 
ience of the assembly, to take it u]> for con- 
‘ sideration. 

288. If the re],iort of the committee is of a 
; paper with amendments, the chairman reads 
i the amendments with the coherence in the 

' paper, whatever it may be, and opens the al- 
i terations, and the reasons of the committee 
I for the amendments, until he has gone through 
the whole ; and, when the rejiort is read at 
the clerk’s table, the amendments only are 
read without the coherence. 

289. In practice, however, the formality of 
a motion and vote on the reception of a report 
is usually dispensed with ; though, if any ob¬ 
jection is made, or if the presiding officer sees 
any informality in the report, he should decline 




164 


PARLIAMENTARY PRACTICE. 


receiving it without a motion and vote; and 
report, if of any considerable length, is seldom 
read, either by the chairman in his place, or by 
the clerk at the table, until it is taken up for 
consideration. In legislative assemblies, tlx.- 
printing of reports generally renders the read¬ 
ing of them unnecessar}'. 

290. The report of a committee being made 
and received, the committee is dissolved, and 
can act no more without a new power; but 
their authority may be revived by a vote, and 
the same matter recommitted to them. If a. 
report, when offered to the assembly, is not 
received, the committee is not thereby dis¬ 
charged, but may be ordered to sit again, and 
a time and place appointed accordingly. 

291. When a subject or paper has been 
once committed, and a report made upon it* 
it may be recommitted either to the same or 
a different committee; and if a report is re^ 
committed, before it has been agreed to by 
the assembly, what has heretofore passed iir 
the committee is of no validity; the whole- 
question being again before the committee, as. 
if nothing had passed there in relation to it. ' 

292. The report of a committee may be ^ 
made in three different forms, namely: first V 


REPORT OP COMMITTER. 


165 


it may contain merely a statement of facts, 
reasoning, or opinion, in relation to the subject 
of it, without any specific conclusion; or, 
secondy a statement of facts, reasoning, or 
opinion, concluding with a resolution, or series 
of resolutions, or some other specific proposi¬ 
tion ; or, thirdy it may consist merely of such 
resolutions, or propositions, without any intro- 
ductory part. 

293. The first question, on a rep^ort, is, in 
strictness, on receiving it; though in practice, 
this question is seldom or never made; the 
consent of the assembly, especially in respect 
to the report of a committee of the whole, be¬ 
ing generally presumed, unless objection is 
made. When a report is received, whether 
by general consent, or upon a question and 
vote, the committee is discharged, and the re¬ 
port becomes the basis of the future proceed¬ 
ings of the assembly, on the subject to which 
it relates. 

294. At the time assigned for the considera¬ 
tion of a report, it may be treated and disposed 
of precisely like any other proposition (59 to 
77); and maybe amended, in the same man¬ 
ner (78 to 133), both in the preliminary state¬ 
ment, reasoning, or opinion, if it contain any. 


166 


PARLIAMENTABY PRACTICE. 


and in the resolutions, or other propositions ^ 
with which it concludes; so if it consist merely 
of a statement, &c., without resolutions, or of 
resolutions, &c., without any introductory 
part. 

295. The final question on a report, what, 
ever form it may have, is usually stated on its 
acceptance; and, when accepted, the whole 
report is. adopted by the assembly, and be- t 
comes the statement, reasoning, opinion, reso- 
lution, or other act, as the case may be, of the 
assembly; the doings of a committee, when ; 
agreed to, adopted, or accepted, becoming the 
acts of the assembly, in the same manner as if 
done originally by the assembly itself, without 
the intervention of a committee. 

296. It would be better, however, and in 
stricter accordance with parliamentary rules, to 
state the final question on a report, according 
to the form of it. If the report contain merely 
a statement of facts, reasoning, or opinion, the 
question should be on acceptance ; if it also 
conclude with resolutions, or other specific pro- ; 
positions, of any kind,—the introductory part 
being consequently merged in the conclusion, ^ 
—the question should be on agreeing to the 
resolutions, or on adopting the order, or other 






COMMITTEE OF THE WHOLE. 167 

proposition, or on passing or coming to the 
vote, recommended by the committee; and 
the same should be the form of the question 
when the report consists merely of resolutions, 
&c., without any introductory part. 

Sect. V. Committee op the Whole. 

297. When a subject has been ordered to be 
referred to a committee of the whole, the form 
of going from the assembly into committee, 
is, for the presiding officer, at the time ap¬ 
pointed for the committee to sit, on motion 
made and seconded for the purpose, to put 
the question that the assembly do now resolve 
i itself into a committee of the whole, to take 
j under consideration such a matter, naming it. 
If this question is determined in the affirma¬ 
tive, the result is declared by the presiding 
officer, who, naming some member to act as 
chairman of the committee, then leaves the 
chair, and takes a seat elsewhere, like any other 
member; and the person appointed chairman 
seats himself (not in the chair of the assembly 
but) at the clerk’s table. 

[It is now generally otherwise. Jefferson’s 
Manual agrees with Mr. Cushing’s, that the 
Chairman should take his seat at the clerk’s 



168 


PARLIAMENTARY PRACTICK. 


table, but as a matter of fact, he usually takes 
the seat of the presiding officer, and the latter 
is permitted to take part in the proceedings 
as though he were a private member.—E d.] 

298. The chairman named by the presiding 
officer is generally acquiesced in by the com¬ 
mittee ; though, like all other committees, a . 
committee of the whole have a right to elect 
a chairman for themselves, some member, by 
general consent, putting the question. 

299. The same number of members is nec¬ 
essary to constitute a quorum of a committee 
of the whole, as of the assembly; and if the 
members present fall below a quorum, at 
any time, in the course of the proceedings, the 
chairman, on a motion and question, rises,— 
the presiding officer thereupon resumes the ' 
chair,—and the chairman informs the assem- ; 
bly (he can make no other report) of the cause ; 
of the dissolution of the committee. 

300. When the assembly is in committee ' 
of the whole, it is the duty of the presiding of- ' i 
■ficer to remain in the assembly-room, in order ji 
to be at hand to resume the chair, in case the ■ , 
committee should be broken up by some dis- 1 
order, or for want of a quornm, or should rise, I 
cither to report progress, or to make their I 



COMMITTEE OF THE WHOLE. 


169 


final report upon the matter committed to 
them. 

301. The clerk of the assembly does not 
act as clerk of the committee (this is the duty 
of the assistant clerk in legislative bodies), or 
record in his journal any of the proceedings or 
votes of the committee, but only their report 
as made to the assembly. 

302. The proceedings in a committee of 
the whole, though, in general, similar to those 
in the assembly itself, and in other commit¬ 
tees, are yet different in some respects, the 
principal of which are the following :— 

303. First, The previous question cannot 
be moved in a committee of the whole. The 
only means of avoiding an improper discus¬ 
sion is, to move that the committee rise ; and, 
if it is apprehended, that the same discussion 
will be attempted on returning again into com¬ 
mittee, the assembly can discharge the com¬ 
mittee, and proceed itself with the business, 
keeping down any improper discussion by 
means of the previous question.* 

* If the object be to stop debate, that can only be ef¬ 
fected, in the same manner, unless there is a special rule, 
as to the time of speaking, or to taking a subject outoi 
committee. 


170 PARLIAMENTARY PRACTICE. t 

i 

304, Second. A committee of the whole 
cannot adjourn, like other committees, to 
some other time or place, for the j^urpose of 
going on with and completing the considera¬ 
tion of the subject referred to them; but if 
their business is unfinished, at the usual time 
for the assembly to adjourn, or, for any other ' 
reason, they wish to proceed no further at a ^ 
particular time, the form of proceeding is, for J 
some member to move that the committee | 
rise,—report progress,—and ask leave to sit 
again ; and, if this motion prevails, the chair- ; 
man rises,—the presiding officer resumes the i 
chair of the assembly,—and the chairman of 
the committee informs him that the commit¬ 
tee of the whole have, according to order, 
had under their consideration such a matter, 
and have made some progress therein * ; but, 
not having had time to go through with the 
same, have directed him to ask leave for the 
committee to sit agaih. The presiding officer 
thereupon puts a question on giving the com- 1 
mittee leave to sit again, and also on the time J 
when the assembly will again resolve itself ■ 

* If it is a second time, the expression is, “ some further 
process,” &Cr. 





COMMITTEE OF THE WHOLB. 17i 

into a committee. If leave to sit again is not 
granted, the committee is of course dissolved, 

305. Third. In a committee of the whole, 
every member may speak as often as he 
pleases, provided he can obtain the floor; 
whereas in the assembly itself, no member 
can speak more than once. [See note., par. 
215.] 

306. Fourth. A committee of the whole 
cannot refer any matter to another committee ; 
but other committees may and do frequently 
exercise their functions, and expedite their 
business by means of sub-committees of their 
own members. 

307. Fifth. In a committee of the whole, 
the presiding officer of the assembly has a 
right to take a part in the debate and proceed¬ 
ings, in the same manner as any other mem¬ 
ber. 

308. Sixth. A committee of the whole, like 
a select committee, has no authority to punish 
a breach of order whether of a member, or 
stranger; but can only rise and report the 
matter to the assembly, who may proceed to 
punish the offender. Disorderly words must 
be written down in committee, in the same 
manner as in the assembly, and reported to 
the assembly for their animadversion. 



172 


'PAELIAMEXTARY PRACTICE. 


309. The foregoing are the principal points 
of difference between proceedings in the as¬ 
sembly and in committees of the whole; in 
most other respects they are precisely similar. 
It is sometimes said, that in a committee of 
the whole, it is not necessary that a motion 
should be seconded. There is no foundation, 
however, either in reason or parliamentary 
usage, for this opinion. 

310. When a committee of the whole have 
gone through with the matter referred to 
them, a member moves that the committee 
rise, and that the chairman (or some other 
member) report their j^roceedings to the as¬ 
sembly ; which being resolved, the chairman 
vises and goes to his place,—the presiding of¬ 
ficer resumes the chair of the assembly,—and 
the chairman informs him, that the committee 
have gone through with the business referred 
to them, and that he is ready to make their 
teport, when the assembly shall think proper 
to receive it. The time for receiving the 
report is then agreed upon; and, at the time 
appointed, it is made and received in the same 
manner as that of any other committee (286.) 

311. It sometimes happens, that the formal¬ 
ity of a motion and question as to the time of 




CONCLUDING REMARKS. 


173 


receiving a report is dispensed with. If the 
assembly are ready to receive it, at the time, 
they cry out, “now, now,” wherepoii the 
chairman proceeds; if not then ready, some 
other time is mentioned, as “ to-morrow,” or 
“ Monday,” and that time is fixed by general 
consent. But, when it is not the general sense 
of the assembly to receive the report at the 
time, it is better to agree upon and fix the time 
by a motion and question. 

[The report is merely tentative and advis¬ 
ory; amendments may be amended or rejected, 
and matters stricken out by the committee of 
the whole or any other committee, may be re® 
stored by the assembly.—E d.1 


COH^CLUDING REMARKS, 

312. In bringing this treatise to a close, it 
will not be deemed out of place, to make a 
suggestion or two for the benefit of those 
piersons, who may be called upon to act as 
presiding officers, for the first time. 

313. One of the most essential parts of the 
duty of a presiding officer is, to give the 



174 


PARLIAMENTABY PRACTICE. 


closest attention to the proceedings of the 
assembly, and, especially, to what is said by 
every member who speaks. Without the 
first, confusion will be almost certain to occur; 
wasting the time, perhaps disturbing the har¬ 
mony, of the assembly. The latter is not 
merely a decent manifestation of respect for 
those who have elevated him to an honorable 
station; but it tends greatly to encourage timid 
or diffident members, and to secure them a 
patient and attentive hearing; .and it often 
enables the presiding officer, by a timely 
interference, to check offensive language, in 
season to prevent scenes of tumult and dis¬ 
order, such as have sometimes disgraced our 
legislative halls. 

314. It should be consiantly kept in mind 
by a presiding officer, that, in a deliberative 
assembly, there can regularly be but one 
ching done or doing, at the same time. This 
caution he will find particularly useful to him, J 
whenever a quarrel arises between two 
members, in consequence of words spoken 
in debate. In such a case, he will do well 
to require that the regular course of proceed¬ 
ing shall be strictly pursued ; and will take 
care to restrain members from interfering: in 


CONCLUDING REMARKS- 


175 


any other manner. In general, the solemnity 
and deliberation, with which this mode is 
attended, will do much to allay heat and 
excitement, and to restore harmony and order 
to the assembly. 

315. A presiding officer will often find him¬ 
self embarrassed, by the difficulty, as well 
as the delicacy, of deciding points of order, 
or giving directions as to the manner of 
proceeding. In such cases, it will be useful 
for him to recollect, that— 

The great purpose of all rules and 

FORMS, IS TO SUBSERVE THE WHLL OF THE 
ASSEMBLY RATHER THAN TO RESTRAIN IT ; 
TO FACILITATE, AND NOT TO OBSTRUCT, THE 
EXPRESSION OF THEIR DELIBERATE SENSE. 

Secret .Sessions. 

[316. It is the custom of the Senate of the 
United States, though it has no special rule 
requiring it,"^ to hold secret sessions^ especially 
in its discussions, confirmations and rejections 

* There ought to be no secrets whatever in this Govern¬ 
ment of oui-s, a Government 01 the people. l .;ere is no 
law, or provision or rule, or regulation, wnich provides for 
keeping secrets. — Speech of Sexato-b Sherman, of Oliio, 
in the Senate, Jan. 18SG. 


176 


PARLIAMEiiTAKY PRACTICE. 


of executive appointments. Both houses of 
Congress, under the constitution, while re¬ 
quired to keep and to publish, a journal of 
their proceedings, can w’thhold from publica¬ 
tion, “such parts as may in their judgment 
require secrecy.” It is likewise the practice, 
and it is competent for nearly all deliberative 
bodies, to sit with “ closed doors,” and to 
keep secret such portion of their proceedings- 
as they may deem it inexpedient,—perhaps 
hurtful to jiublic or private interests,— to 
divulge ; but considerations of conscience and 
of public policy demand that this undoubted 
right, and sometimes duty, should be exercised 
with discretion. In a country where the 
people are, at least, nominally, sovereign, and 
ultimately control, sha 2 :)e or reverse the acts 
of public as well as of private deliberative as¬ 
semblies, every act, speech and vote of their 
representatives should be exposed, at once, 
to the strong light of popular intelligence, for 
censure or approval; and i^ractically, this is 
the final result, however much concealment 
may be attempted, or impunity from the con¬ 
sequences of questionable or guilty proceed¬ 
ings sought in secret deliberations and votes 
by the members of any representative body. 


■’0 fCLUDlNG BEMAEK S 


J’tiougti many other deliberative assemblies. 
Desides the Senate of the United States, on 
certain critical or delicate occasions, sit with 
closed doors, and keep their proceedings 
secret, yet for a great political body to shroud 
Its acts in secrecy on questions of public in¬ 
terest, generally gives rise to partisan clamor 
and to allegations of guilt or corruption; 
therefore its doors should be kept open when 
publicity, as is generally the case, is unobjeo 
tionable, and the national well-being is not 
imperilled by making the people partakers in 
the deliberations of their representatives.— 
Ed.] 


INDEX 


TJie figures refer to the numbers of the. para^aphss 


Acceptance by the maker of amotion, of an amend¬ 
ment 92, 93. 

Addition of propositions, how effected, 88. 

Adjournment, without day, equivalent to a dissolu. 
tion, 139. 

effect of, on business under consideration, 140. 
motion for, takes precedence of all other mo¬ 
tions, 137. 

when it may be amended, 137. 

form of, 138, 200. 

Amendment, purposes of motions for, 60, 78. 
order of proceeding in, 95, 191. 
acceptance of by mover of proposition, 92, 93, 
of amendments by striking out and inserting, 
107, 108. 

of amendment, to be put before the original 
amendment, 110. 

©f an amendment to an amendment, not al¬ 
lowed, 96, 

object of such motion, how attained, 
96, 97. 

cannot be made to what has been agreed to on 
a question, 98, 99, 100, 101. 



INDEX. I7d 

Amendment, inconsistency of, with one already 
adopted, 102, 

may show the absurdity of the original object of 
the proposition, 132. 

or may change the object, 128, 129, 133. 
or may defeat the object, 130, 181. 
oy addition, 88. 
by separation, 89. 
by transposition, 90. 
by striking out, 94, 103 to 112. 
by inserting or adding, 94, 113 to 121. 
by striking out and inserting, 94, 122 to 127. 
Motion for, bv striking out and inserting, 103,104 
111 , 122 .“ 

may be divided, 122. 
may be amended, 126. 
manner of stating question on, 112, 121 
127. 

precedence of question on 123. 

XjO strike out, decided in the negative, equivalent 
to the affirmative of agreeing, 98, 100, 252. 
if passed may not be renewed, 103 to 106,. 
113 to 116, 119, 124, 125. 

stands in the same degree with the previous ques* 
tion, and indefinite postponement, 184. 
superseded by a motion to postpone to a day certain,, 
or to commit, 185. 

may be amended, 96, 107, 117, 126, 184. 
effect of vote on, 94 to 127, 187. 
to be put before the original motion, 110, 120. 

Apology, 42. 

Assembly, Deliberative, purposes of, how ef¬ 
fected, 1. 

how organized, 2, 3. 
judgment of, how expressed, 1^. 

Assembling, time of, to be fixed! beforehand, 2S» 
place of, in possession of assembly, 9. 


180 


INDEX. 


Authentication of acts, &c., of a deliberative as 
sembly, 27, 32. 

Blanks, filling of, 84. 

witb times or numbers, rule for, 85, 
86, 87. 

See Precedence. 

CiiAiRiMAN, preliminary election of, 3. 

See Presiding Officer. 

Clerk, 5. 

See Recording Officer. 

Committees, objects and advantages of, 258,260, 261. 
who to compose, 258, 270. 

usually those favorable to the proposed meas¬ 
ure, 271. 

mode of appointment of, 263, 267, 268,269. 
when by the presiding officer, under a standing 
rule, 266. 

how notified of their appointment, 32, 272. 
when and where to sit, 274, 275, 277. 
select^ 259. 

how appointed, 264 to 269. 
standing, 259. 

what to be referred to, 74. 
instructions to, 75, 76, 77, 262. 
list of, &c., given by the clerk to the member first 
appointed, 272. 

person first appointed on, acts as chairman by 
courtesy, 273. 

proceed like other assemblies, 276, 279. 
may proceed by sub-committees, 306. 
mode of proceeding on a paper which has been 
referred to them, 279, 281, 283. 
mode of proceeding on a paper originating in the 
committee, 279, 280, 282. 
manner of- closing session of, 285. 
report of, -how made, 282, 283, 284, 286, 287. 292. 


INDEX. 


181 


Committees, form of report of, 286, 292. 

mode of proceeding on report of, 292, 293, 294, 
295, 296. 

acceptance of report of, 295. 
form of stating questions on report of, 295, 296. 
See Report. 

Committee of the Whole, of whom composed, 259 
how constituted, 297. 
what a quorum of. 299. 
who presides over, 297, 298. 
who is clerk of, 301. 

proceedings of, similar to those of the assembly 
itself, 302, .309. 

mode of proceeding if one session does not com¬ 
plete the business, 304. 

W'ho may speak in, and how often, 305. 
cannot refer any matter to another committee, 306. 

Committee of the Whole, cannot punish foi 
breaches of order, 308. 
disorderly words in, how noticed, 308. 
differences between and other committees, 802 to 
308. 

presiding officer of assembly to remain in the 
room, during the session of, 300. 

See Reports, Disorderly Words. 

Commitment, definition and purposes of, 73. 
when a proper course, 60. 
what may be committed, 75, 76, 77. 
effect of a vote on a motion for, 183. 
motion for, may be amended, 181. 

supersedes a motion to amend, 185. 
is of the same degree with motions for 
the previous question and postponements 
182. 

See Committees. 

Co>iMUNiCATiONS to the assembly, how made, 44, 46, 
48, 49. 


182 


INDEX. 


Consent of the assembly, in what cases, and how far, to 
be presumed by the presiding officer, 35, 237, 
293. 

Contested Elections, 7. 

See Returns. 

Ckedentials of members, 7. 

Debate, proper character of, 201. 

should be confined to the question, 209. 
usual mode of putting an end to, 220, 221. 
shortening, 222. 

See Speaking. 

Decorum, Breaches of, 37, 38, 89, 40, 41, 223, 224. 
how to be noticed, 40. 
remedy for, 224, 225, 226. 

how a member is to proceed to exculpate himself 
from a charge of, 40. 

See Disorderly Words, Order. 

Disorderly Words, course of proceeding, when 
spoken, 227 to 231. 

to be written down by the clerk, as spoken, 288,229, ' 

Disorderly Words, members not to be censured for, ; 
unless complained of at the time, 232. 
spoken in a committee during its session, 278. 
in committee of the whole to be written down, 
and reported to the assembly, 308. 

Disorderly Conduct, 9, 37 to 40, 313. 

Division of a question, 79 to 83, 122, 123. 
effect of, 80. 

motion for, how made, 80. 
right to demand, 81, 8^ 
when it may take place, 83. 

See Question. 




LNDEX. 


183 


ilLECTIONS AXD KETURNS, 6, 7, 8. 

Expulsion, 42. 

Floor, liow to obtain, 4G. 

who has a right to, 47, 203, 504, 205. 
member in possession of, to be interrupted only 
by a call to order, 200. 

when usually allowed to the mover of a motion, 
204. 

when one relinquishes, for one purpose, he does 
so for all purposes, 205, 219. 

Forms of proceeding, 10, 59, 315. 

See Order, Rules. 

iNOiDENrAL Questions, 150 to 165. 
questions of order, 151 to 154. 
reading papers, 155 to 160. 
withdrawal of a motion, 161, 163, 
suspension of a iTile, 163, 164. 
amendment of amendments, 165, 

See Question. 

Introduction of business, how accomplished, 43. 
See Rules. 

Journal of a deliberative assembly, what and how 
kept, 32, 33. 

Judgment of an aggregate body, how evidenced, 14. 

Lie on the table, purpose of motion for, 60, 71, 
72. 

Motion for, cannot be amended, 170. 
when to, be resorted to, 171. 
effect of vote ^n, 71, 72, 172, 173. 
takes precedence of all other subsidiary 
motions, 171. 

i .TR T of membei’s, 6. 




184 


INDEX. 


Main Question, 63, 64, 135, 213. 

Majority, decision by, on questions and elections, 2^ 

Members, rights and duties of, 36. 
punishments of, 42. 

not to be present at debates on matters concern¬ 
ing themselves, 41, 225, 230. 
proceedings on quarrels between, caution relating 
to, 314. 

Membership, rights of, how decided, 8. 

Modification of a motion by the mover, 92. 

Motion, definition of, 45, 59, 233. 
to be in writing, 54. 
to be seconded. 53 to 55 
how seconded, 55. 
when in order, 247. 
subsidiary, need not be in writing, 54. 

but must be seconded, 55. 
to suppress a proposition, 62. 
to be stated or read for the information of any 
member, 57. 

can be withdrawn only by leave, 56, 92, note, 
when before the assembly, none other can be re¬ 
ceived, except privileged motions, 58. 
is not before the assembly, until stated by its 
presiding officer, 198. 

not in order unless the maker be called to by the 
presiding officer, 200. 

by one seated, or not addressing the chair, not to 
be received, 200. 

principal and subsidiary, cauuot be made to¬ 
gether, 199. 

N AMING a member, what, 40, 225. 

Lumbers prefixed to paragraphs of a proposition, not 
a part of it, 91. 


INDEX. 


185 


r 


Officers of an assembly, titles of, 5. 
who are, usually, 26. 
how appointed, %nd removable, 26. 
a majority, necessary to elect, 26. 
when not members of the assembly, 5. 
pro tempore, when to be chosen, 29. 

See Presiding Officer, liecording Officer, 

Order of a deliberative assembly, what, 13. 
of business, 188 to 200 

how established, 190. 
questions of, what, 152. 

how decided, 154, 248. 
form of, on appeal, 154. 
no debate upon, allowed during division. 
248. 

rules of, to be enforced without delay, 151. 
e<all to, effect of, 214. 

who may make, 151. 
interrupts the business imder considera¬ 
tion 153. 

^^e disorderly Conduct, disorderly Words. 

Orders of the Day, definition of, 142. 

motion for, a privileged question for the day, 143 
to 145, 146. 

motion for, generally, supersedes other proposi¬ 
tions, 143, 144. 

being taken up, the business interrupted thereby 
is suspended, 147- 

fall, if not taken up on the day fixed, 149'. 
unless by special rule, 149. 

Organization, necessity for, 1. 
usual mode of, 3. 
on report of a committee, 4. 

Papers and Documents, in whose custody, 33. 

Parliamentary Law common, what. 6.10. 
aee Ixules. 



186 


INDEX. 


Parliamentary Rules, whence derived, 11« 
in each state how formed, 11. 

See Rules. 

Petitions, requisites to, 49. 

to be offered by members, 49, 50. 

mode of offering, 51. 

to be read by the clerk, if received, 52. 

regular and usual action on presenting, 51, 52-. 

contents of, to be known by member presenting, 50. 

to be in respectful language, 50. 

PosTUONEMENT, effect of vote on motion for, 180. 
motion for, may be amended, 176. 
how amended, 177, 178. 
supersedes a motion to amend, 185. 
is not superseded by a motion to commit 
or to amend, 179. 

is of the same degree with a motion for 
the previous question, 179. 
indefinite, purpose of motion for, 60, 67. 

effect of vote on motion for, 67. 
to a day certain, purpose of motion for, 68, 69. 
an improper use of, 70. 
debate on it not allowed in Congi*ess, 72. 

Power of assembly to eject strangers, 9. 

Preamble, or title, usually considered after the papei 
is gone through with, 192. 

Precedence of motions, 171, 174, 179, 182, 186, 197, 

220 . 

of questions, 123, 134, 1.35, 153. 

as to reference to a committee, 74. 
on motions to fill blanks, 85, 86, v.7. 
questions of privilege take precedence of all me* 
tions but for adjommment, 141. 

President, 5. 

Rresiding Office, 


INDEX. 


187 


Presiding Officer, duties of, 27,30,40,225,313,314. 
to be first heard on questions of order, 207. 
how far member of an assembly, 5. 
not usually to take part in debate, 5, 202. 

but in committees of the whole, 307. 
or on point of order, 154. 
to give a casting vote, 5, 243. 
effect of not giving casting vote, 243. 
may not interrupt one speaking, but to call to 
order, 207. 

may not decide upon inconsistency of a proposed 
amendment with one already adopted, 102. 

Previous Question, motion for, purpose of, 60. 
form of, 64, 170. 
original use of, 63, 64, 65. 
present use of, 65, 66, 220. 
use of in England, 66. 
cannot be amended, 170. 
effect of vote on, 64, 65, 175. 
elfect of negative decision of, 65. 
cannot be made in committee of the whole, 303. 
stands in same degree with other subsidiary mo¬ 
tions, except to lie on the table, 174. 

Privileged Questions, 136 to 149. 
adjournment, 137, to 140. 
questions of privilege, 141. 
orders of the day, 142 to 149. 
take precedence of all motions but for adjourm 
ments, 141. 

when settled, business thereby interrupted to be 
resumed, 141. 

Proceedings, how set in motion, 43 

Punishment of members, 41, 42. 

a question of, pending, the member to withfdraWp 
230. 

Quarrel between members, S8,. S14 
iiee Disordsi'lp Words. 


188 


INDEX. 


Question, definition of, 233. 
forms of, in use, 15, 60, 61. 
when to be put, 235. 
mode of putting, 236. 

on a series of propositions, 193. 
on amendments reported by a committee, 194. 
mode of taking, 238, 240, 241, 242, 245. 
when and how decision of may be questioned, 238, 
2.39. 

aH the members in the room when a question is 
put are bound to vote upon it, 244. 
members not in the room, cannot vote on, 
244. 

when taken by yeas and nays, 245. 
mode of taking, in Massachusetts, 246. 
when and how to be divided, 79. 
how taken when divided, 80. 
motion CO divide, may be amended, 80. 
what may be divided, 83, 
who may divide, 81, 122. 

usually regulated by rule, 82. 
incidental, defined and enumerated, 150 to 165. 
subsidiary, or secondary, defined and enumerated, 
166 to 170. 

privileged, defined and enumerated, 136. 

See Incidental Questions, Privileged Questions, 
Subsidiary Questions. 

Quorum, necessity for, 17, 19. 
what constitutes, 18. 

effect of want of, on pending question, 249. 
necessary on a division of the assembly, 249. 
want of how ascertained, 19. 
consequences of want of, 19, 249. 

Reading of Papers by the clerk, 155. 

by members not allowed, without leave obtained 
by motion and vote, 157, 158. 
when to be omitted 159. 
when necessary, if called for, 155. 
question on, to be first decided, 160. 




J89 


Reception, question of, on petition, 51. 

on report, 286, 293. 

Recommitment, wliat, 73, 290, 291. 

Reconsideration, general principle relating to, 250 
to 253. 

motion for, allowed in this country, 254, 255, 
effect of, 256. 

usually regulated by rule, 257. 
made by the friends of the proposition not by the 
minority, note 254, 271. 

Recording Officer, duties of 31, 32, 33, 35. 
bow his absence is to be supplied, 34. 
bow elected, 3, 4. 

precedence of, if more than one, 5. 
papers and documents to be in bis charge, 33. 

Recurrence of Business, when interrupted by want 
of quorum, 249. 

by motion for the previous question, 66. 

for indefinite postponement, 67. 
to lie on the table, 71, 72. 
for adjournment, 140. 
for the orders of the day, 147, 148. 
by a question of privilege, 141. 
of order, 153, 230. 

by a call of a member to order, 200, 214. 

Ireports of Committees how made and received, 
286 to 289. 

bow treated and disposed of, 292 to 296. 
of a paper with amendments, 288. 
action upon, 194, 195, 292 to 296. 
acceptance of, 295, 296. 
when a new draft of a paper, 196. 
of committees of the whole, 310. 

when to be received, 311. 


Reprimand, 42. 

See PnnUhment, 




190 


INDEX. 


Resolution, what, 13, 233, 149. 

Returns, 6. 

time for investigating, 7. 

mode of investigating, 7. 

wdio to be on the investigating committee, ft* 

who to be heard on a question on, 8. 

Roll, calling of, 32, 35, 245. 

Rules of debate and proceeding, subject of, 14, 15. 
general puipose of, 315. 

w’hat are necessarily adopted by an assembly, 10,20 
the same in this country and in England, 11. 
usage does not give them the character of general 
laws, 12. 

to be enforced without delay or debate, 22, 151, ’ 
152. ^ 

who may notice an infringement of, 22. ' 

9pecial^ each assembly may adopt, 10, 20. 

supei’sede ordinary parliamentary rules,' 

10 . 

usually provide for their own amend*' 
ment, 21. 1 

may be suspended on motion, 21, 103,1 
164. * 

motion to suspend, supersedes the original i 
question, 163. 1 

suspended only by general consent, 21,* 
164. . ■ ^ 

usually provide’for their own suspen-i 
si on, 164. 

may determine the number necessary toi 
express the will of the assembly, 25. 1 
See Heading of papers, Speaking, -j 

Secondary Questions, 166. 

See Subsidiary Questions, 


Secondino of motions, 55, 800, 



INDEX, 


19J 


Seceetaky, 5. 

See Becording Officer, 

Secket Session, sometimes necessary, but to be 
avoided if possible, 316. 

Sepaeation of propositions, how effected, 89. 

Speaking, rules as to manner of, 203 to 208. 
as to matter in, 209 to 214. 
as to times of, 215 to 219. 
member, to stand uncovered, 203, 208. 
not to make personal remarks, 2il. 
not to mention names of members, 206. 
lot to reflect on the assembly, or on its 
prior determinations, 210. 
j mfined to the subject, 200, 213. 
not to be interrupted, 219, 
yO speak but once on the aaav? ousstloi^ 
215, 216, except by le^ve, 2)1, 
or to explain himself m a 
218. 

See Debate, Presiding Officer. 

Speech, reading of, by member, 157. 

SuBSiDi-ARY Questions, 166 to 187. 
nature and effect of, 166. 
enumeration of, 167. 
cannot be applied to one another, 1C& 
exceptions to this rule, 169. 
ie on the table, 171, 172, 173. 
amendment, 184 to 187. 
previous question, 174, 175. 
postponement, 176, to 180. 
commitment, 181, 182, 183. 

Suspension of a rule 21,163,164. 



192 


INDEX 


TaANeposmoN of propositions, how effected, 9u 

Vice-President, duties of, 5, 28. 

See Officers. | 

Vote, what, 13, 233. ® 

Voting, right and duty of, 41, 244 
prohibition from, 42. 

See Members. 

Will of an assembly, majority necessary to expressj 
24. \ 

special rule may determine what propop*] 
tion may express, 25. j 

Withdrawal of a motion, can be only by leave, 161 .j 
eifect of vote upon motion for leave for, 162. i 

Yeas and Nays, how taken, 82, 245. i 

in Massachusetts, 246. - | 

what number of members may require, 25, j 

form of putting question, 245. ] 

rule of the senate of the United States, requiring’ 
each member to vote without debate; enforce¬ 
ment of this rule to secure a quorum,' 
note 25. 


CONSTITUTION OF THE UNITED STATES. 


PREAMBLE. 

We, the People of the United States, in 
order to form a more perfect union, establish 
justice, insure domestic tranquillity, provide 
for the common defence, promote the general 
welfare, and secure the blessings of liberty 
to ourselves and our posterity, do ordain 
and establish this Constitution for the United 
States of America. 

ARTICLE I. 

THE LEGISLATIVE DEPARTMENT. 

Section I.—All legislative powers herein 
granted shall be vested in a Congress of the 
United States, which shall consist of a Senate 
and House of Representatives. 

Section II.—i. The House of Represent¬ 
atives shall be composed of members chosen 
every second year by the people of the several 
States ; and the electors in each State shall 
193 





194 CONSTITUTION OF THE UNITED STATES. 

liave the qualifications requisite for electors j 
of the most numerous branch of the State i 
legislature. j 

2 . No person shall be a representative who 
shall not have attained to the age of twenty- f 
five years, and been seven years a citizen of ' 
the United States, and who shall not, when i 
elected, be an inhabitant of that State in ] 
which he shall be chosen. 

3 . Representatives and direct taxes shall 
be apportioned among the several States 
which may be included within this Union, ■ 
according to their respective numbers, which ^ 
shall be determined by adding to the whole = 
number of free persons, including those 

. bound to service for a term of years, and 
excluding Indians not taxed, three fifths of 
all other persons. The actual enumeration 
shall be made within three years after the 
first meeting of the Congress of the United \ 
States, and within every subsequent term . 
of ten years, in such manner as they shall ' 
by law direct. The number of represent- < 
atives.shall not exceed one for every thirty j 
thousand, but each State shall have at least 
one representative ; and until such enumer- 1 
ation shall be made, the State of New Hamp¬ 
shire shall be entitled to choose three ; Mas¬ 
sachusetts, eight; Rhode Island and Prov¬ 
idence Plantations, one ; Connecticut, five ; 
New York, six; New Jersey, four; Pennsyl- , 
Vania, eight ; Delaware, one ; Maryland, ; 




CONSTITUTION OF THE UNITED STATES. 195 


six ; Virginia, ten ; North Carolina, five ; 
South Carolina, five ; and Georgia, three. 

4 . When vacancies happen in the represent* 
ation from any State, the executive authority 
thereof shall issue writs of election to fill such 
vacancies. 

5 . The House of Representatives shall 
choose their Speaker and other officers, and 
shall have the sole power of impeachment 

i Section III.—i. The Senate of the United 
States shall be composed of two Senators 
from each State, chosen by the legislature 
thereof for six years ; and each Senator shall 
have one vote. 

: 2 . Immediately after they shall be assem> 

^ bled in consequence of the first election, they 
shall be divided as equally as may be into 
three classes. The seats of the Senators of 
the first class shall be vacated at the expira¬ 
tion of the second year, of the second class 
at the expiration of the fourth year, and of 
tne third class at the expiration of the sixth 
year, so that one third may be chosen every 
second year; and if vacancies happen, by 
resignation or otherwise, during the recess of 
the ■ legislature of any State, the executive 
thereof may make temporary appointments 
until the next meeting of the legislature, 
which shall then fill such vacancies. 

3 . No person shall be a Senator who shall 
not have attained to the age of thirty years, 
and been nine years a citizen of the United 




196 CONSTITUTION OF THE UNITED STATES. 

States, and who shall not, when elected, be 
an inhabitant of that State for which he shall 
be chosen. 

4. The Vice-President of the United States 
shall be President of the Senate, but shall 
have no vote unless they be equally divided. 

5 . The Senate shall choose their other offi¬ 
cers, and also a President pro tempore in 
the absence of the Vice-President, or when 
he shall exercise the office of President of the 
United States. 

6 . The Senate shall have the sole power to 

try all impeachments. When sitting for that 
purpose, they shall be on oath or affirmation. : 
When the President of the United States is J 
tried, the Chief Justice shall preside : and no ^ 
person shall be convicted without the con- 1 
currence of two thirds of the members present. \ 

7 . Judgment in cases of impeachment shall j 

not extend further than to removal from of- \ 
fice, and disqualification to hold and enjoy any \ 
office of honor, trust, or profit under the j 
United States ; but the party convicted shall i 
nevertheless be liable and subject to indict- i 
ment, trial, judgment, and punishment, ac- j 
cording to law. j 

Section IV.— i. The times, places, and 
manner of holding elections for Senators and 
Representatives shall be prescribed in each 
State by the legislature thereof; but the Con¬ 
gress may at any time, by law, make or i 
alter such regulations, except as to the places . 
of choosing Senators. 



COXSTITUTIOX OF THE EXITED STATES. 197 

2. The Congress shall assemble at least 
once in every year; and such meeting shall 
be on the first IMonday in December, unless 
they shall by law appoint a different day. 

Section V.—i. Each house shall be the 
I judge of the elections, returns, and qualifica- 
I tions of its own members, and a majority of 
[ each shall constitute a quorum to do busi¬ 
ness ; but a smaller number may adjourn 
from day to day, and may be authorized to 
compel the attendance of absent members, in 
such manner and under such penalties as 
each house may provide. 

2 . Each house may determine the rules of 
its proceedings, punish its members for dis¬ 
orderly behavior, and with the concurrence 
of two thirds, expel a member. 

3 . Each house shall keep a journal of its 
proceedings, and from time to time publish 

i the same, excepting such parts as may in their 
judgment require secrecy ; and the yeas and 
nays of the members of either house on any 
question shall, at the desire of one fifth of 
those present, be entered on the journal. 

4 . Neither house, during the session of 
Congress, shall, without the consent of the 
other, adjourn for more than three days, nor 
to any other place than that in which the 
two houses shall be sitting. 

Section VI.—i. The Senators and Repre¬ 
sentatives shall receive a compensation for 
their services, to be ascertained by law, and 




198 CONSTITUTION OP TEE UNITED STATES. 

paid out of the treasury of the United States. 
They shall, in all cases, except treason, felony^ 
and breach of the peace, be privileged from 
arrest during their attendance at the session 
of their respective houses, and in going to 
and returning from the same ; and for any 
speech or debate in either house they shall 
not be questioned in any other place. 

2 . No Senator or Representative shall, 
during the time for which he v. as elected, 
be appointed to any civil office under the 
authority of the United Staces, 'vhich shall 
have been created, or the emoluments where¬ 
of shall have been increased/, during such ^ 
time ; and no person holding any office ^ 
under the United Stater shall lx, a member * 
of either house during his continuance in ^ 
office. 5 

Section VII.—i. All bil ^ for raising rev- ^ 
enue shall originate iii rh House of Rep- r 
resentatives ; but the Senate may propose ^ 
or concur with amendments, as on other • 
bills. 4 

2 . Every bill which shall have passed the < 
House of Representatives and the Senate, 5 
shall, before it become a law, be presented ^ 
to the President of the United States ; if he a 
approve, he shall sign it; but if not, he shall f 
return it, with his objections, to that house i; 
in which it shall have originated ; who shall | 
enter the objections at large on their journal, « 
and proceed to reconsider it. If after such f 


CONSTITUTION OF THE UNITED STATES. 199 


reconsideration, two thirds of that house 
shall agree to pass the bill, it shall be sent, 
together with the objections, to the other 
house, by which it shall likewise be recon¬ 
sidered ; and if approved by two thirds of 
[ that house, it shall become a law. But in all 
I such cases the votes of both houses shall be 
! determined by yeas and nays, and the names 
of the persons voting for and against the bill 
shad be entered on the Journal of each house 
respectively. If any bill shall not be returned 
by the President within ten days (Sundays 
excepted) after it shall have been presented 
to him, the same shall be a law in like man¬ 
ner as if he had signed it, unless the Con¬ 
gress by their adjournment prevent its re¬ 
turn, in which case it shall not be a law. 

3 . Every order, resolution, or vote, to 
which the concurrence of the Senhte and 
House of Representatives may be necessary 
(except on a question of adjournment), shall 
be presented to the President of the United 
States ; and before the same shall take effect, 
shall be approved by him ; or being disap¬ 
proved by him, shall be re-passed by two 
thirds of the Senate and House of Represent¬ 
atives, according to the rules and limitations 
prescribed in the case of a bill. 

Section VIII.—^The Congress shall have 
power— 

I. To lay and collect taxes, duties, im¬ 
posts, and excises ; to pay the debts and pro* 





200 CON^JTITXJTION OF THE UNITED ST^ TES. 

vide for the common defense and g^eneral 
welfare of the United States ; but all duties, 
imposts, and excises shall be uniform through¬ 
out the United States : 

2 . To borrow money on the credit of the 
United States: 

3 . To regulate commerce with foreign na- 
tic s, j:d among the several States, and with 
the Indiisr tribes : 

4. To Tablish a uniform rule of natural¬ 
ization, and uniform laws on the subject of 
bankruptcies throughout the United States ; 

5 . To coin money, regulate the value there¬ 
of and of foreign coin, and to fix the standard 
of weights and measures ; 

6. To provide for the punishment of coun¬ 
terfeiting the securities and current coin of 
the United States: 

7 . To establish post-offices and post-roads : 

8 . To promote the progress of science and 
useful arts, by securing for limited times, to 
authors and inventors, the exclusive right to 
their respective writings and discoveries : 

9 . To constitute tribunals inferior to the 
Supreme Court: 

10 . To define and punish pirades and 

felonies committed on the high seas, and 
offences against the law of nations : - 

11. To declare war, grant letters of marque 
and reprisal, and make rules concerning | 
captures on land and water : 

12 . To raise and support armies ; but no : 




CONSTITUTION OF THE UNITED STATES. 201 

-appropriation of money to that use shall be 
for a longer term than two years : 

13 . To provide and maintain a navy : 

14. To make rules for the government and 
1 regulation of the land and naval forces : 

15 . To provide for calling forth the militia 
to execute the laws of the Union, suppress 
insurrections, and repel invasions : 

16 . To provide for organizing, arming, 

, and disciplining the militia, and for govern¬ 
ing such parts of them as may be employed 
in the service of the United States : reserving 
to the States respectively the appointment of 
the officers and the authority of training the 
militia according to the discipline prescribed 
by Congress. 

17 . To exercise exclusive legislation in all 
i cases whatsoever, over such district (not ex- 
! ceeding ten miles square) as may, by ces- 
I sion of particular States, and the acceptance 

of Congress, become the seat of government 
j of the United States : and to exercise like 
! authority over all places purchased by the 
I consent of the legislature of the State in 
I which the same shall be, for the erection of 
j forts, magazines, arsenals, dockyards, and 
other needful buildings ;—and 

18 . To make all laws which shall be nec¬ 
essary and proper for carrying into execu¬ 
tion the foregoing powers, and all other pow¬ 
ers vested by this Constitution in the govern¬ 
ment of the United States, or in any depart¬ 
ment or officer thereof. 



202 CONSTITUTION OF THE UNITED STATES. 

Section IX.—i. The immigration or im¬ 
portation of such persons as any of the States 
now existing shall think proper to admit, 
shall not be prohibited by the Congress prior 
to the year one thousand eight hundred and 
eight; but a tax or duty may be imposed on 
such importation not exceeding ten dollars 
for each person. 

2. The privilege of the writ of habeas cor¬ 
pus shall not be suspended, unless when, in 
cases of rebellion or invasion, the public 
safety may require it. 

3. No bill of attainde” or ex post facto law ' 
shall be passed. 

4. No capitation or other direct tax shall be 
laid, unless in proportion to the census or 
enumeration hereinbefore directed to be 
taken. 

5. No tax or duty shall be laid on articles 
exported from any State. No preference 
shall be given by any regulation of com- ; 
merce or revenue to the ports of one State 
over those of another: nor shall vessels ' 
bound to or from one State be obliged to ^ 
enter, clear, or pay duties in another. 

6. No money shall be drawn from the ■ 

treasury, but in consequence of appropria- j 
tions made by law ; and a regular statement \ 
and account of the receipts and expenditures ; 
of all public money shall be published from 
time to time. j 

7. No title of nobility shall be granted by 
the United States : and no person holding' 



CONSTITUTION OF THE UNITED STATES. 203 

any office of profit or trust under them, shall, 
without the consent of Congress, accept of 
any present, emolument, office, or title, of 
any kind whatever, from any king, prince, 
or foreign State. 

Section X.—i. No State shall enter into 
any treaty, alliance, or confederation ; grant 
letters of marque and reprisal ; coin money ; 
emit bills of credit; make anything but gold 
and silver coin a tender in payment of debts ; 
pass any bill of attainder, ex post facto law, 
or law impairing the obligation of contracts ; 
or grant any title of nobility. 

2. No State shall, without the consent of 
Congress, lay any imposts or duties on im¬ 
ports or exports, except what may be abso¬ 
lutely necessary for executing its inspection 
laws ; and the net produce of all duties and 
imposts laid by any State on imports or ex¬ 
ports, shall be for the use of the treasury of 
the United States, and all such laws shall be 
subject to the revision and control ofCongress. 

3. No State shall, without the consent of 
Congress, lay any duty on tonnage, keep 
troops or ships of war in time of peace, enter 
into any agreement or compact with another 
State, or with a foreign power, or engage in 
war, unless actually .invaded, or in such im¬ 
minent danger as will not admit of delay. 

ARTICLE II. 

THE EXECUTIVE DEPARTMENT. 

Section I.—i. The executive power shall 




204 CONSTITUTION OF THE UNITED STATES. 

be vested in a President of the United States 
of America. He shall hold his office during- 
the term of four years ; and, together with, 
the Vice-President, chosen for the same term, 
be elected as follows : 

2. Each State shall appoint, in such man¬ 
ner as the legislature thereof may direct, a 
number of electors equal to the whole number 
of Senators and Representatives to which the 
State may be entitled in Congress : but no 
Senator or Representative, or person holding 
an office of trust or profit under the United 
States shall be appointed an elector. 

3. The electors shall meet in their respec¬ 
tive States, and A^ote by ballot for two per¬ 
sons, of whom one at least shall not be aa 
inhabitant of the same State with themselves. 
And they shall make a list of all the persons 
voted for, and of the number of A''otes for 
each ; which list they shall sign and certify, 
and transmit sealed to the seat of the govern¬ 
ment of the United States, directed to the 
President of the Senate. The President of 
the Senate shall, in the presence of the Senate 
and House of Representatives, open all the 
certificates, and the votes shall thfen be 
counted. The person having the greatest 
number of votes shall be President, if such 
number be a majority of the whole number 
of electors appointed; and if there be more 
than one who have such a majority, and 
have a^i equal number of votes, then the 
House of Representatives shall immediately 


COXSTITUTIOX OF THE UXITED STATES. 205 

« 

choose, by ballot, one of them for President ; 
and if no person have a majority, then, from 
the five highest on the list, the said House 
shall, in like manner, choose a President. 
But in choosing the President, the votes shall 
be taken by States, the representation from 
each State having one vote : a quorum for 
this purpose shall consist of a member or 
members from two thirds of the States, and 
a majority of all the States shall be necessary 
to a choice. In every case after the choice 
of the President, the person having the great¬ 
est number of votes of the electors shall be 
Vice-President. But if there should remain 
two or more who have equal votes, the Sen¬ 
ate shall choose from them, by ballot, the 
Vice-President. 

4. The Congress may determine the time 
of choosing the electors, and the day on 
which they shall give their votes, which day 
shall be the same throughout the United 
States. 

5. No person except a natural born citizen, 
or a citizen of the United States at the time 
of the adoption of this Constitution, shall be 
eligible to the office of President : neither 
shall any person be eligible to that office 
who shall not have attained to the age of 
thirty-five years, and been fourteen years a 
resident within the United States. 

6. In case of the removal of the President 
from office, or of his death, resignation, or 
inability to discharge the powers and duties oif 




206 COXSTITUTION OF THE UNITED STATES. 

the said office, the same shall devolve on the 
Vice-President; and the Congress may, by 
law, provide for the case of removal, death, 
resignation, or inability, both of the President 
and Vice-President, declaring what officer 
shall then act as President; and such officer 
shall act accordingly until the disability be 
removed, or a President shall be elected. 

7. The President shall, at stated times, 
receive for his services a compensation, 
which shall neither be increased nor dimin¬ 
ished during the period for which he shall 
have been elected ; and he shall not receive 
within that period any other emolument from 
the United States, or any of them. 

8. Before he enters on the execution of his 
office, he shall take the following oath or 
affirmation : 

“I do solemnly swear (or affirm) that I 
will faithfully execute the office of President 
of the United States ; and will, to the best of 
my ability, preserve, protect, and defend the 
Constitution of the United States.'’ 

Section II—i. The President shall be Com¬ 
mander-in-chief of the army and navy of the 
United States, and of the militia of the several 
States, when called into the actual service of 
the United States. He may require the opin- j 
ion, in writing, of the principal officer in 
each of the executive departments, upon any 
subject relating to the duties of their respec¬ 
tive offices ; and he shall have power to 
grant reprieves and pardons for offenses 




CONSTITUTION OF THE UNITED STATES. 207 

against the United States, except in cases of 
impeachment. 

2. He shall have power, by and with the 
advice and consent of the Senate, to make 
treaties, provided two thirds of the Senators 
present concur ; and he shall nominate, and, 
by and with the advice and consent of the 
Senate, shall appoint ambassadors and other 
public ministers and consuls, judges of the 
Supreme Court, and all other officers of the 
United States whose appointments are not 
herein otherwise provided for, and which 
shall be established by law. But the Con¬ 
gress may, by law, vest the appointment of 
such inferior officers as they think proper, in 
the President alone, in the courts of law, or 
in the heads of departments. 

3. The President sh.all have power to fill 
up all vacancies that may happen during the 
recess of the Senate, by granting commis¬ 
sions, which shall expire at the end of their 
next session. 

Section III.—i. He shall, from time to 
time, give to Congress information of the 
state of the Union, and recommend to their 
consideration such measures as he shall judge 
necessary and expedient. He may, on ex¬ 
traordinary occasions, convene both houses, 
or either of them ; and in case of disagree¬ 
ment between them, with respect to the time 
of adjournment, he may adjourn them to 
such time as he shall think proper. He shall 
receive ambassadors and other public min- 




208 CONSTITUTIOX OF THE UNITED STATES. 

isters. He shall take care that the laws be 
faithfully executed ; and shall commission 
all officers of the United States. 

Section IV.—The President, Vice-President, 
and all civil officers of the United States, shall 
be removed from office on impeachment for, 
and conviction of, treason, bribery, or other 
high crimes and misdemeanors. 

ARTICLE III. 

THE JUDICIAL DEPARTMENT. 

Section I.—The judicial power of the 
United States shall be vested in one Supreme 
Court, and in such inferior courts as Congress 
may, from time to time, ordain and establish. 
The judges, both of the supreme and inferior 
courts, shall hold their offices during good 
behavior ; and shall, at stated times, receive 
for their services a compensation, which 
shall not be diminished during their contin¬ 
uance in office. 

Section II.—i. The judicial power shall 
extend to all cases in law and equity arising 
under this Constitution, the laws of the United 
States, and treaties made or which shall be 
made, under their authority ; to all cases 
affecting ambassadors, other public min¬ 
isters, and consuls ; to all cases of admir¬ 
alty and maritime jurisdiction ; to contro¬ 
versies to which the United States shall be a 
party ; to controversies between two or 
more States; between a State and citizens of 


CONSTITUTION OF THE UNITED STATES. 209 

another State ; between citizens of different 
States ; between citizens of the same State 
claiming lands under grants of different States; 
and between a State, or the citizens thereof, 
and foreign states, citizens, or subjects. 

2. In all cases affecting ambassadors, other 
public ministers, and consuls, and those in 
which a State shall be a party, the Supreme 
Court shall have original jurisdiction. In all 
the other cases before mentioned, the Supreme 
Court shall have appellate jurisdiction, both 
as to law and fact, with such exceptions and 
under such regulations as Congress shall 
make. 

3. The trial of all crimes, except in cases of 
impeachment, shall be by jury, and such trial 
shall be held in the State where the said 
crimes shall have been committed ; but when 
not committed within any State, the trial shall 
be at such place or places as Congress may 
by law have directed. 

Section III.—i. Treason against the 
United States shall consist only in levying 
war against them, or in adhering to their 
enemies, giving them aid and comfort. No 
person shall be convicted of treason, unless 
on the testimony of two witnesses to the same 
overt act, or on confession in open court 

2. Congress shall have power to declare 
the punishment of treason ; but no attainder 
of treason shall work corruption of blood, or 
forfeiture, except during the life of the person 
attainted. 



210 CONSTITUTION OF THE UNITED STATES. 

ARTICLE IV. 

MISCELLANEOUS PROVISIONS. 

Section I.—Full faith and credit shall be 
given in each State to the public acts, records, 
and judicial proceedings of every other State ; 
and Congress may, by general laws, prescribe 
the manner in which such acts, records, and 
proceedings shall be proved, and the effect 
thereof. 

Section 11 . — i. The citizens of each State 
shall be entitled to all the privileges and im¬ 
munities of citizens in the several States. 

2. A person charged in any State with trea¬ 
son, felony, or other crime, who shall flee 
from justice, and be found in another State, 
shall, on demand of the executive authority 
of the State from which he fled be delivered 
up, to be removed to the State having juris¬ 
diction of the crime. 

3- No person held to service or labor in 
one State, under the laws thereof, escaping 
into another, shall, in consequence of any law 
or regulation therein, be discharged from such 
service or labor ; but shall be delivered up 
on claim of the party to whom such service 
or labor may be due. 

Section III.—i. New States may be ad¬ 
mitted by Congress into this Union ; but no 
new State shall be formed or erected within 
the jurisdiction of any other State, or any 
State be formed by the junction of two or 
more States, or parts of States, without the 






CONSTITUTION OF THE UNITED STATES. 211 

consent of the legislatures of the States con¬ 
cerned, as well as of Congress. 

2. Congress shall have power to dispose 
of, and make all needful rules and regula¬ 
tions respecting the territory or other prop¬ 
erty belonging to the United States; and 
nothing in this Constitution shall be so con¬ 
strued as to prejudice any claims of the 
United States, or of any other particular State. 

Section IV.—The United States shall guar¬ 
antee to every State in this Union a republi¬ 
can form of government, and shall protect 
each of them against invasion ; and, on ap¬ 
plication of the legislature, or of the executive 
(when the legislature cannot be convened), 
against domestic violence. 

ARTICLE V. 

The Congress, whenever two thirds of 
both houses shall deem it necessary, shall 
propose amendments to this Constitution ; 
or, on the application of the legislatures of 
two thirds of the several Slates, shall call 
a convention for proposing amendments, 
which, in either case, shall be valid, to all 
intents and purposes, as parts of this Consti¬ 
tution, when ratified by the legislatures of 
three fourths of the several States, or by con¬ 
ventions in three fourths thereof, as the one 
or the other mode of ratification maybe pro¬ 
posed by Congress ; provided that no amend¬ 
ment which may be made prior to the year 
one thousand eight hundred and eight shall 



212 CONSTITUTIOX OF THE UNITED STATES. 

in any manner affect the first and fourth, 
clauses in the ninth section of the first article ; 
and that no State, without its consent, shall 
be deprived of its equal suffrage in the Sen¬ 
ate. 

ARTICLE VI. 

1. All debts contracted, and engagements 
entered into, before the adoption of this Con¬ 
stitution, shall be as valid against the United 
States under this Constitution as under the 
Confederation. 

2. This Constitution, and the laws of the 
United States which shall be made in pursu¬ 
ance thereof, and all treaties made, or which 
shall be made, under the authority of the 
United States, shall be the supreme law of 
the land ; and the Judges in every State shall 
be bound thereby, anything in the constitu¬ 
tion or laws of any State to the contrary not¬ 
withstanding. 

3. The Senators and Representatives be¬ 
fore mentioned, and the mermbers of the 
several State legislatures, and all executive 
and judicial officers, both of the United 
States and of the several States, shall be 
bound by oath or affirmation to support this 
Constitution ; but no religious test shall 
ever be required as a qualification to any 
office or public trust under the United States. 

ARTICLE VIL 

The ratification of the conventions of nine 


CONSTITUTION OF THE UNITED STATES. 213 

States shall be sufficient for the establish- 
m'ent of this Constitution between the States 
so ratifying the same. 

Done in convention by the unanimous con¬ 
sent of the States present, the seventeenth 
day of September, in the year of our Lord 
one thousand seven hundred and eighty- 
seven, and of the Independence of the 
United States of America the twelfth. In 
witness whereof we have hereunto sub* 
scribed our names. 

George Washington, 
President^ and Deputy from Virginia, 

AMENDMENTS TO THE CONSTITUTION 
OF THE UNITED STATES. 

Article I.—Congress shall make no law 
respecting an establishment of religion, or 
prohibiting the free exercise thereof; or 
abridging the freedom of speech or of the 
press; or the right of the people peaceably 
to assemble, and to petition the government 
for a redress of grievances. 

Article II. —A well-regulated militia being 
necessary to the security of a free State, the 
right of the people to keep and bear arms 
shall not be infringed. 

Article HI.—No soldier shall, in time of 
peace, be quartered in any house without 
the consent of the owner ; nor in time of war, 
but in a manner to be prescribed by law. 
Article IV.—The right of the people to be 






214 CONSTITUTION OF THE UNITED STATES. 

secure in their persons, houses, papers, and 
effects, against unreasonable searches and 
seizures, shall not be violated ; and no war¬ 
rants shall issue but upon probable cause, 
supported by oath or affirmation, and particu¬ 
larly describing the place.to be searched, and 
the persons or things to be seized. 4 

Article V. — No person shall be held to 
answer for a capital or otherwise infamous 
crime, unless on a presentment or indict¬ 
ment of a grand jury, except in cases arising 
in the land or naval forces, or in the militia, 
when in actual service in time of war or 
public danger ; nor shall any person be sub¬ 
ject for the same offense to be put twice in 
jeopardy of life or limb ; nor shall be com¬ 
pelled in any criminal case to be witness 
against himself; nor be deprived of life, 
liberty, or property, without due process of 
law ; nor shall private property be taken 
for public use without just compensation. 

Article VI.—In all criminal prosecutions the 
accused shall enjoy the right to a speedy and 
public trial, by an impartial jury of the State 
and district wherein the crime shall have been 
committed, which district shall have been 
previously ascertained by law ; and to be in¬ 
formed of the nature and cause of the accusa¬ 
tion ; to be confronted with the witnesses 
against him ; to have compulsory process for 
obtaining witnesses in his favor; and to 
have the assistance of counsel for his de¬ 
fense. 



CONSTITUTION OF THE UNITED STATES. 215 

Article VII.—In suits at common 
where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall 
be preserved ; and no fact tried by a jury 
shall be otherwise re-examined in any court 
of the United States, than according to the 
rules of the common law. 

Article VIII.—Excessive bail shall not be 
required, nor excessive fines imposed, nor 
cruel and unusual punishments inflicted. 

Article IX.—The enumeration in the Con¬ 
stitution of certain rights shall not be con¬ 
strued to deny or disparage others retained 
by the people. 

Article X.—The powers not delegated to 
the United States by the Constitution, nor 
prohibited by it to the States, are reserved 
to the States respectively, or to the people. 

Article XI.—The judicial power of the 
United States shall not be construed to extend 
to any suit in law or equity, commenced or 
prosecuted against one of the United States 
by citizens of another State, or by citizens or 
subjects of any foreign state. 

Article XII.—i. The electors shall meet 
in their respective States, and vote by ballot 
for President and Vice-President, one of 
whom, at least, shall not be an inhabitant of 
the same State with themelves. They shall 
name in their ballots the person voted for as 
President, and in distinct ballots the person 
voted for as Vice-President; and they shall 
make distinct lists of all persons voted for as 




216 CONSTITUTION OF THE TJNITED STATES. 

President, and of all persons voted tor as 
Vice-President, and of the number of votes 
for each ; which lists they shall sign and cer¬ 
tify, and transmit sealed to the seat of the 
government of the United States, directed to 
the President of the Senate. The President 
of the Senate shall, in the presence of the 
Senate and House of Representatives, open 
all the certificates, and the votes shall then 
be counted. The person having the greatest 
number of votes for President shall be the 
President, if such number be a majority of 
the whole number of electors appointed : and 
if no person have such majority, then from 
the persons having the highest numbers, not 
exceeding three, on the list of those voted for 
as President, the House of Representatives 
shall choose immediately, by ballot, the 
President. But, in choosing the President, 
the votes shall be taken by States, the repre¬ 
sentation from each State having one vote : 
a quorum for this purpose shall consist of a 
member or members from two-thirds of the 
States, and a majority of all the States shall 
be necessary to a choice. And if the House 
of Representatives shall not choose a Presi¬ 
dent, whenever the right of choice shall de¬ 
volve upon them, before the fourth day of 
March next following, then the Vice-Presi¬ 
dent shall act as President, as in the case of the 
death or other constitutional disability of the 
President. 

2. The person having the greatest number 


CONSTITUTION OF THE UNITED STATES. 21T 

of votes as Vice-President shall be the Vice- 
President, if such number be a majority of 
the whole number of electors appointed; 
and if no person have a majority, then from 
the two highest numbers on the list the Sen¬ 
ate shall choose the Vice-President. A quo¬ 
rum for the purpose shall consist of two-thirds 
of the whole number of Senators, and a 
majority of the whole number shall be 
necessary to a choice. 

3. But no person constitutionally ineligible 
to the office of President shall be eligible to 
that of Vice-President of the United States. 

Article XIII. — Section I.—Neither slavery 
nor involuntary servitude, except as a pun¬ 
ishment for crime, whereof the party shall 
have been duly convicted, shall exist within 
the United States, or any place'-subject to 
their jurisdiction. 

Section II.—Congress shall have power to 
enforce this Article by appropriate legislation. 

Article XIV .—Section I. — All persons 
born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens 
of the United States, and of the State wherein 
they reside. No State shall make or enforce 
any law which .hall abridge the privileges 
or immunities of citizens of the United States; 
nor shall any State deprive any person of 
life, liberty, or property, without due process 
of law ; nor deny to any person within its 
jurisdiction the equal protection of the laws. 

Section II.—Representatives shall be ap- 


218 CONSTITUTION OF THE UNITED STATES. 

portioned among the several States according 
to their respective numbers, counting the 
whole number of persons in' each State, ex¬ 
cluding Indians not taxed. But when the 
right to vote at any election for the choice of 
electors for President or Vice-President of the 
United States, Representatives in Congress, 
the executive and judicial officers of a State, 
or the members of the legislature thereof, is 
denied to any of the male inhabitants of such 
State, being twenty-one years of age, and 
citizens of the United States, or in any way 
abridged, except for participation in rebellion 
or other crime, the basis of representation 
therein sliall be reduced in the proportion 
which the number of such male citizens shall 
bear to the whole number of male citizens 
twenty-one years of age in such State. 

Section III.—No person shall be a Senator 
or Representative in Congress, or elector of 
President and Vice-President, or hold any 
office, civil or military, under the United 
States, or under any State, who, having 
previously taken an oath as a member ot 
Congress, or as an officer of the United States, 
or as a member of any State legislature, or 
as an executive or judicial officer of any 
State, to support the Constitution of the 
United States, shall have engaged in insur¬ 
rection or rebellion against the same, or 
given aid or comfort to the enemies thereof. 
But Congress may, by a vote of two thirds 
of each house, remove such disability. 


CONSTITUTION OF THE UNITED STATES. 219 

Section IV.—The validity of the public 
debt of the United States, authorized by law, 
including debts incurred for payment of 
pensions and bounties for services in sup¬ 
pressing insurrection or rebellion, shall not 
be questioned. But neither the United States 
nor any State shall assume or pay any debt 
or obligation incurred* in aid of insurrection 
or rebellion against the United States, or any 
claim for the loss or emancipation of any 
slave ; but all such debts, obligations, and 
claims shall be held illegal and void. 

Section V.—The Congress shall have power 
to enforce, by appropriate legislation, the 
provisions of this Article. 

Article XV .—Section I.—The right of citi¬ 
zens of the United States to vote shall not be 
denied or abridged by the United States or 
by any State on account of race, color, or 
previous condition of servitude. 

Section II.—The Congress shall have power 
to enforce this Article by appropriate legis¬ 
lation* 


) 


DECLARATION OF INDEPENDENCE. 


When, in the course of human events, it 
becomes necessary for one people to dissolve 
the political bands which have connected 
them with another, and to assume, among 
the powers of the, earth, the separate and 
equal station to which the laws of Nature 
and Nature’s God entitle them, a decent re¬ 
spect to the opinions of mankind requires that 
they should declare the causes which impel 
them to the separation. 

We hold these truths to be self-evident; 
that all men are created equal ; that they are 
endowed by their Creator with certain inalien¬ 
able rights ; that among these are life, lib¬ 
erty, and the pursuit of happiness. That to 
secure these rights, governments are insti- 
ted among men, deriving their just powers 
from the consent of the governed ; that when¬ 
ever any form of government becomes de¬ 
structive of these ends, it is the right of the 
people to alter or to abolish it, and to institu- 
tutute a new government, laying its founda¬ 
tion on such principles, and organizing- its 
powers in such form as to them shall seem 
most likely to effect their safety and happi- 
220 



DECLARATION OF INDEPENDENCE. 22l 

ness. Prudence, indeed, will dictate that 
governments long established should not be 
changed for light and transient causes ; and 
accordingly all experience hath shown that 
mankind are more disposed to suffer, while 
evils are sufferable, than to right themselves, 
by abolishing the forms to which they are 
accustomed. But when a long train of abuses 
and usurpations, pursuing invariably the 
same object, evinces a design to reduce them 
under absolute despotism, it is their right, it 
is their duty, to throw off such government, 
and to provide new guards for their future 
security. Such has been the patient suffer¬ 
ance of these colonies, and such is now the 
necessity which constrains them to alter their 
former systems of government. The history 
of the present king of Great Britain is a his¬ 
tory of repeated injuries and usurpations, all 
having in direct object the establishment of 
an absolute tyranny over these States. To 
prove this, let fScts be submitted to a candid 
world : 

He has refused his assent to laws the most 
wholesome and necessary for the public 
good. 

He has forbidden his governors to pass 
laws of immediate and pressing importance, 
unless suspended in their operation till his 
assent should be obtained; and when so sus¬ 
pended he has utterly neglected to attend to 
them. He has refused to pass other laws for 
the accommodation of large districts of peo- 


222 DECLARATION OF INDEPENDENCE. 

pie, unless those people would relinquish 
the right of representation in the legislature 
—a right inestimable to them, and formid¬ 
able to tyrants only. 

He has called together legislative bodies at 
places unusual, uncomfortable, and distant 
from the repository of the public records, for 
the sole purpose of fatiguing them into com¬ 
pliance with his measures. 

He has dissolved representative houses re¬ 
peatedly for opposing, with manly firmness, 
his invasions on the rights of the people. 

He has refused for a long time after such 
dissolution to cause others to be elected ; 
whereby the legislative powers, incapable of 
annihilation, have returned to the people at 
Jarge for their exercise, the State remaining, 
in the mean time, exposed to all the dangers 
of invasion from without and convulsions 
within. 

He has endeavored to prevent the popula¬ 
tion of these States; for that purpose ob¬ 
structing the laws of naturalization of foreign¬ 
ers ; refusing to pass others to encourage 
their migration hither, and raising the condi¬ 
tions of new appropriations of lands. 

He has obstructed the administration of 
justice by refusing his assent to laws for es¬ 
tablishing judiciary powers. 

He has made judges dependent on his will 
alone for the tenure of their offices and the 
amount of payment of their salaries. 

He has erected a multitude of new offices, 


DECLARATION OF INDEPENDENCE. 223 

and sent hither swarms of officers to harass 
our people, and eat out their substance. 

He has kept among us, in times of peace, 
standing armies, without the consent of our 
legislatures. 

He has affected to render the military in¬ 
dependent of and superior to the civil power. 

He has combined with others to subject us 
to a jurisdiction foreign to our Constitution, 
and unacknowledged by our laws ; giving 
his assent to their acts of pretended legisla¬ 
tion : 

For quartering large bodies of armed troops 
among us : 

For protecting them by a mock trial from 
punishment for any murders which they 
should commit on the inhabitants of these 
States : 

For cutting off our trade with all parts of 
the world ; 

For imposing taxes on us without our con¬ 
sent : 

For depriving us, in many cases, of the 
benefits of trial by jury : 

For transporting us beyond seas to be tried 
for pretended offenses : 

For abolishing the free system of English 
laws in a neighboring province, establishing 
therein an arbitrary government, and enlarg¬ 
ing its boundaries, so as to render it at once 
an example and fit instrument for introducing 
the same absolute rule into these colonies : 

For taking away our charters, abolishing 


224 DECLARATION OF INDEPENDENCE. 

our most valuable laws, ’and altering, funda¬ 
mentally, the forms of our government: 

For suspending our own legislatures, and 
declaring themselves invested with power to 
legislate for us in all cases whatsoever. 

He has abdicated government here by 
declaring us out of his protection, and 
waging war against us. 

He has plundered our seas, ravaged our 
coasts, burnt our towns, and destroyed the 
lives of our people. 

He is at this time transporting large armies 
of foreign mercenaries to complete the works 
of death, desolation, and tyranny already 
begun, with circumstances of cruelty and 
perfidy scarcely paralleled in the most bar¬ 
barous ages, and totally unworthy the head 
of a civilized nation. 

He has constrained our fellow-citizens, 
taken captive on the high seas, to bear arms 
against their country, to become the ex¬ 
ecutioners of their friends and brethren, or to 
fall themselves by their hands. 

He has excited domestic insurrections 
among us, and has endeavored to bring on 
the inhabitants of our frontiers the merciless 
Indian savages, whose known rule of war¬ 
fare is an undistinguished destruction of all 
ages, sexes, and conditions. 

In every stage of these oppressions we 
have petitioned for redress in the most humble 
terms; our repeated petitions have been 
answered only by repeated injury. A prince 


DECLARATION OF INDEPEilDENCE. 225 

whose character is thus marked by every 
act which may define a tyrant is unfit to be 
the ruler of a free people. 

Nor have we been wanting in attentions 
to our British brethren. We have warned 
them, from time to time, of attempts by 
their legislature to extend an unwarrantable 
jurisdiction over us. We have reminded 
them of the circumstances of our emigration 
and settlement here. We have appealed to 
their native justice and magnanimity, and 
we have conjured them by the ties of our 
common kindred to disavow these usurpa¬ 
tions, which would inevitably interrupt our 
connections and correspondence. They, 
too, have been deaf to the voice of justice 
and consanguinity. We must, therefore, ac¬ 
quiesce in the necessity which denounces 
our separation, and hold them, as we hold 
the rest of mankind, enemies in war, in peace 
friends. 

We, therefore, the repr'^.sentatives of the 
United States of America, in General Con¬ 
gress assembled, appealing to the Supreme 
Judge of the world for the rectitude of our 
intentions, do, in the name and by the author¬ 
ity of the good people of these colonies, 
solemnly publish and declare that these 
United Colonies are, and of right ought to 
be, free and independent States; that they 
are absolved from all allegiance to the British 
crown, and that all political connection be¬ 
tween them and the State of Great Britain is. 


226 DECLARATION OF INDEPENDENCE. 

and ought to be, totally dissolved; and that, 
as free and independent States, they have 
full power to levy war, conclude peace, 
contract alliances, establish commerce, and 
to do all other acts and things which inde¬ 
pendent States may of right do. And for the 
support of this declaration, with a firm re¬ 
liance on the protection of Divine Providence, 
we mutually pledge to each other our lives, 
our fortunes, and our sacred honor. 


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